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MABOL & ASSOCIATES LIMITED V. NATIONAL CORDINATOR/CE (NATIONAL PROGRAMME ON IMMUNIZATION) & NATIONAL PROGRAMME ON IMMUNIZATION

(2023) JELR 111410 (SC)

Supreme Court  •  SC.314/2009  •  3 Feb 2023  •  Nigeria

Coram
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC UWANI MUSA ABBA AJI JSC MOHAMMED LAWAL GARBA JSC HELEN MORONKEJI OGUNWUMIJU JSC EMMANUEL AKOMAYE AGIM JSC

Appearances
K.O. BALOGUN ESQ. with MUSTAPHA LAWAL ESQ., BABATUNDE AWOMOLO ESQ., FAVOUR OTUNEYE ESQ and CHIAMAKA NWAIWU ESQ for the Appellant; OSAHON IHENYEN ESQ for 1st and 2nd Respondents.

Judgement

EMMANUEL AKOMAYE AGIM, JSC (Delivering the Leading Judgment): This appeal No. SC.314/2009 was commenced on 5-8-2009 when the appellant herein filed a notice of appeal against the judgement of the Court of Appeal delivered on 15-7-2009 in Appeal No. CA/A/103/2007 allowing the appeal to it against the judgement of the Federal High Court Abuja delivered in Suit No. FHC/ABJ/CV/1391/ 2006, setting aside the said judgment and entering the suit on the general cause list for trial on the merits. The appellant filed a second notice of appeal on 7-10-2009.

The parties herein have filed, exchanged and adopted their respective briefs as follows- appellant's brief, appellant's reply brief, respondent's brief, written addresses ordered by this court on 23-3-2021 on the juristic personality of the 1st and 2nd respondents.

Let me note here that the appellant in its brief of argument said nothing about the first notice of appeal it filed on 5-8-2009 containing six grounds of appeal. It only menti…

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