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NIGERIAN PORTS AUTHORITY v. DR. SAMA EKPO SAMA & ORS

(2016) JELR 37092 (CA)

Court of Appeal  •  CA/C/76/2013  •  22 Jan 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement
<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A (Delivering the leading : ): The present appeal is against the ruling of the High Court of Cross River State, holden at Calabar Judicial Division, delivered on February 7, 2013 in suit No. HC/MSC.129/2012. By the said ruling, the Court below overruled the Appellant's objection and accordingly granted 'the Respondents' application for an extension to file his counter affidavit and written address in opposition to the Appellant's motion.</p><p>BACKGROUND FACTS</p><p>On September 28, 2012, the Appellant filed in the Court below a motion on notice seeking to set aside the orders of the Court, below, dated September 4, 2012, granting leave to the 1st Respondent to enforce a judgment deliver in 1985.</p><p>The motion was predicated upon a total of four grounds, one of which raises the fundamental question of jurisdiction.</p><p>On December 3, 2012, the 1st Respondent filed a motion seeking an extension of time to file a counter affidavit to the Appellant's motion and deeming …</p>

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