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LINE FREIGHT SERVICES LTD. V. ALHAJI J. A. ODUTOLA PROPERTY DEVELOPMENT & INVESTMENT COMPANY LTD.

(2011) JELR 33152 (CA)

Court of Appeal  •  CA/L/461M/2009  •  19 May 2011  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; JOHN INYANG OKORO JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Lead Ruling): By a Motion on Notice dated and filed on 9th June, 2009, brought pursuant to Order 7 Rule 10 of the Court of Appeal Rules, 2007, Sections 13, 14, 15, 17 and 24 of the Court of Appeal Act, 2004, Section 214(1)(d) of the 1999 Constitution of the Federal Republic of Nigeria and under the inherent jurisdiction of this court, the Applicant sought for the following orders:-

"1. Extension of time within which to apply for leave to appeal against the Ruling of the learned trial Judge of the High Court of Lagos State delivered on the 16th day of February, 2009 in suit No. ID/711/08 referring the suit to Arbitration and adjourning same sine die, which order was not asked for, instead of striking out the suit in its entirety.

2. Leave of the Honourable Court to appeal against the said Ruling of the learned trial Judge delivered on the 16th day of February, 2009 in suit No. ID/71/08, the time allowed by law having expired.

3. Extension of ti…

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