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NIGERIAN NATIONAL PETROLEUM CORPORATION V. FEED AND FOOD FARMS LIMITED

(2001) JELR 52139 (CA)

Court of Appeal  •  CA/J/132/99  •  21 May 2001  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA (Read the Lead Ruling)

Judgement

MANGAJI, JCA (Delivering the Lead Ruling): This is an application by the appellant seeking for the following orders:- “(1) An order granting the appellant/applicant leave to raise a fresh issue of jurisdiction for the first time on appeal. (2) An order to deem as duly raised and argued, the issue of jurisdiction argued in the appellant’s brief of argument.” The application, which is supported by an affidavit of four paragraphs drew a wave of protest. The respondent in reaction filed a counter-affidavit of 11 paragraphs. While being heard in oral argument, Mr. Waziri of counsel pointed out that the issue of jurisdiction which he raised is contained in ground 6 of the appellant’s grounds of appeal. He further stressed that from that ground, the issue argued as No. 3 in the appellant’s brief of argument was identified.

Continuing, learned counsel says that the issue of jurisdiction proposed to be raised was in fact canvassed at the court below and that the respondent very well has the k…

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