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MANDATE INTERNATONAL LIMITED v. DANGOTE CEMENT PLC & ANOR

(2014) JELR 33510 (CA)

Court of Appeal  •  CA/MK/248/2009  •  8 Jan 2014  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A.:(Delivering the Leading Judgment) This Appeal is against the judgment of the Benue State High Court sitting in Makurdi delivered on 18th day of June, 2009 in suit No. MHC/248/2008 and is contained at page 89 - 92 of the Record of Appeal.

The Appellant filed an original Notice of Appeal containing 5 Grounds within time and same is contained at pages 94 - 100 of the Record of Appeal. With Leave of this Court granted on 11-2-13, 3(three) additional Grounds of Appeal were filed vide Motion No. CA/MKD/M/2012 dated and filed on the 18/10/12.

It is pertinent and instructive to note that by the said Motion, the Appellant, then as Plaintiff/Applicant was also granted the following reliefs, to wit.

1. An order substituting Dangote Cement Plc, (Gboko Plant/Present Appellant) for Benue Cement Company Plc (then the Defendant)

2. Leave to raise and argue a fresh point of law contained in the proposed additional Grounds (six) not argued at the trial Court.

3. Leave …

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