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NIGERIAN COMMUNICATIONS COMMISSION V. MOTOPHONE LIMITED & ANR.

(2007) JELR 47207 (CA)

Court of Appeal  •  CA/A/189/05  •  10 Jul 2007  •  Nigeria

Coram
HON. JUSTICE MARY U. PETER.ODILI JCA; HON. JUSTICE JIMI OLUKAYODE BADA JCA; HON. JUSTICE ABDU ABOKI JCA;

Judgement

MARY U. PETER-ODILI, J.C.A.: (Delivering the Leading Judgment): This is an appeal from the final decision of the Federal High Court Abuja presided over by Honourable Justice S. J. Adah delivered on 8th July, 2005 by which the Lower Court awarded the sum of $10 million (Ten million dollars) against the Appellant for offering to refund to the 1st Respondent its licence fees.

The Appellant also raised objections against the suit and the claims (by way of a Notice of Preliminary Objection dated 15th October, 2005 as follows:-

1. Statute bar by virtue of the Public Officers Protection Act;

2. Lack of cause of action or reasonable cause of action

3. Lack of jurisdiction and

4. Abuse of Court process,

The Lower court dismissed these objections. It is against the dismissal of the preliminary objection, the findings and award of general damages that the Appellant has appealed to the Court of Appeal on a six ground Notice of Appeal dated 8th August, 2005.

The Grounds of Appeal shall hereunder …

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