OJEMAIE INVESTMENT LTD (AS PERSON AFFECTED/INTERESTED) IN THE MATTER OF INTERVENER APPEAL IN RE: BI-COURTNEY LIMITED V. ATTORNEY-GENERAL OF THE FEDERATION

ABOKI JCA (Delivering the Lead Ruling): This application is brought pursuant to section 243(a) of the Constitution of the Federal Republic of Nigeria, 1999 and Order 7, rule 7 of the Court of Appeal Rules, 2007 praying this court for the following orders:

“1. An order of this honourablecourt granting leave to the applicant herein to appeal as interested party/party affected by the judgment of the Federal High Court, Abuja, coram : Chikere J. delivered on 3 March 2009.

And for such further order(s) as the honourable court may deem fit to make in the circumstance of the appeal.” The grounds on which the application is predicated are as follows: “1. The judgment of the trial court sought to be appealed against by the applicant was obtained by fraud. 2. There was suppression of material facts necessary for the determination of the suit before the trial court.

Hence the judgment of the trial court is a nullity.

The applicant herein is a company carrying out the business of aviation service…