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NATIONAL ELECTRIC POWER AUTHORITY v. B.O. OMOTOSHO & ANOR.

(2010) JELR 33093 (CA)

Court of Appeal  •  CA/L/185/02  •  23 Apr 2010  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Ruling): The respondents in this appeal were plaintiffs at the Federal High Court in Suit No. FHC/L/CS/155/97 against the appellant. It was an infringement of copyright suit. The trial court awarded N500,000.00 damages to the 2nd respondent. Dissatisfied the appellant filed this appeal. By a motion on notice dated 12th March, 2009 and filed on 13th March, 2009 the appellant as applicant is praying this court for the following orders:

"1. An order of this Honourable Court for leave to substitute 'POWER HOLDING COMPANY OF NIGERIA' as the appellant on record in this appeal in place of 'National Electric Power Authority'

2. An order substituting POWER HOLDING COMPANY OF NIGERIA as the appellant on record in this appeal."

The application is supported by a seven paragraph affidavit and a further affidavit of four paragraphs deposed to on 2-4-09. The respondent on the other hand filed a 12 paragraph counter-affidavit deposed to on 30-3-09 …

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