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OTUNBA ADEKUNLE OJORA v. AGIP NIGERIA PLC. & ANOR

(2004) JELR 46895 (CA)

Court of Appeal  •  CA/L/167/2003  •  19 Oct 2004  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; CLARA BATA OGUNBIYI JCA; MOHAMMED LAWAL GARBA JCA;

Judgement

OGUNBIYI, J.C.A. (Delivering the Leading Judgment): The motion on notice in this matter is dated and filed on the 15th July, 2003 and also brought pursuant to the following provisions:

1. Sections 242 (1) and 243(a) of the 1999 Constitution.

2. Section 25(4) of the Court of Appeal Act.

3. Order 3 Rules 3 and 4(1) of the Court of Appeal Rules and

4. Inherent jurisdiction of the Court.

The initial application sought and prayed for 13 orders but same, consequent to a withdrawal and striking out of prayers 1 and 2 on the 12th May, 2004, were reduced to 11.

The application is supported by 39 paragraphs affidavit filed on the said 15th July, a further affidavit filed on the 24th July, both 2003 and also a 2nd further affidavit filed on the 23rd February, 2004. The respondents on their part filed a 9 paragraph counter-affidavit on the 14th April, 2004, whilst the applicant filed a reply to the counter-affidavit on the 24th May, 2004.

Pursuant to the order made by this court on the 12th May…

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