NOGA HOTELS INTERNATIONAL S.A. V. NICON HILTON HOTELS LIMITED & ORS.

MARY U. PETER-ODILI, J.C.A (Delivering the Leading Judgment): This is an appeal from the Ruling of the Federal High Court Abuja Coram: Hon. Justice O.J. Okeke refusing to grant an enlargement of time within which the appellant may apply to set aside the default judgment of dismissal and an order setting aside the said dismissal. There is still pending in the said Federal High Court a Counter-claim still to be heard and determined.

FACTS BRIEFLY STATED

The Appellant commenced the action by way of Originating Summons later converted to Statement of Claim and claimed against the defendants including the 2nd Respondent jointly severally as follows:-

(a) A declaration that the purported take-over or deconsolidation of the assets notably the NICON/NOGA HILTON HOTELS of the 1st Defendant by the Defendants is illegal, null and void and of no effect or consequence whatsoever.

(b) An order of perpetual injunction restraining the Defendants, their servants, agents and/or privies including anyone…