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HON. MINISTER OF AGRICULTURE AND WATER RESOURCES V. OLIVE COMPANY NIG.LTD

(2010) JELR 33304 (CA)

Court of Appeal  •  CA/A/331/M/09, CA/A/61/M/09(R)  •  25 Mar 2010  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A (Delivering the Lead Ruling): On 11/1/2010 when Motion Number CA/A/61M/09 came up in this court, the attention of the court was drawn to another pending motion with number CA/A/331M/09 between the same parties. This court there and then ordered that written addresses be filed in respect of the two applications.

It is the practice of this court that where there are two opposing applications as in this case, where one motion seeks to terminate or dismiss the appeal like motion number CA/A/61M/09 and the other motion seeks to save the appeal by asking for extention of time to compile records of appeal like motion No CA/N331 M/09, it is trite that this court would deal with or hear the application for extention of time first so that the case or appeal will be disposed on its merits.

By this procedure, it means that the application for the dismissal of the appeal must abide by the result of the application for extention of time. Thus if the application for extent…

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