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INTERNATIONAL STANDARD SECURITIES LTD v. UNILEVER NIGERIA PLC (Formerly Lever Brothers Nigeria Plc)

(2009) JELR 47253 (CA)

Court of Appeal  •  CA/A/136/05  •  22 Jun 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; ABDU ABOKI JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

AYOBODE O. LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This appeal is against an interlocutory decision of the Investments and Securities Tribunal (hereinafter simply called "the lower Tribunal"), The Respondent as Applicant before the lower Tribunal commenced this matter by Originating Application dated and filed on 17/11/2004. The Appellant being the Respondent before the lower Tribunal filed a Statement of Defence in the matter on 10/12/2004. On or about 23/2/2005 the Appellant's present counsel notified the Respondent's solicitor and the lower Tribunal of the change of counsel vide a letter dated 22/2/2005. Although hearing commenced on 27th day of January, 2005 it did not end three month from 17/11/2004 and was indeed adjourned beyond the period. Given the facts catalogued above, Appellant's solicitor filed an application praying the lower Tribunal to terminate the proceedings before it. The lower Tribunal in its Ruling delivered on 19th May, 2005 held "that the Resp…

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