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NIGERIAN ELECTRICITY REGULATORY COMMISSION v. BARRISTER TOLUWANI YEMI ADEBIYI

(2017) JELR 37766 (CA)

Court of Appeal  •  CA/L/1158/2015  •  10 Jul 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA TIJJANI ABUBAKAR JCA BIOBELE ABRAHAM GEORGEWILL JCA

Judgement

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Lagos Judicial Division, Coram: M. B. Idris J., in Suit No: FHC/L/CS/768/2015: Barrister Toluwani Yemi Adebiyi v. Nigerian Electricity Regulatory Commission delivered on 23/7/2015, wherein the Appellant's Motion on Notice to discharge Ex parte order of maintenance of status quo mode by the Court below was struck out without hearing it on the merit on the ground that it was filed outside the 7 days as prescribed by Order 26 Rule 11 of the Federal High Court (Civil Procedure) Rules 2009.

The Appellant was dissatisfied with the ruling of the Court below and had promptly appealed against the said ruling vide a Notice of Appeal on three Grounds filed on 3/8/2015 at pages 276-280 of the Record of Appeal. The Record of Appeal was transmitted to this Court on 26/10/2015. The Appellant's Brief was filed on 6/12/2016. The Respondent's Brief was filed on 9/1/2017. …

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