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OKOMU OIL PALM COMPANY PLC GBENGA OYEBODE V. CHIEF BALAGBA WOLI NANAGHAN MR. MATTHEW AKPAKAHU CHIEF GODWIN AYO CAUSIN MR. BENJAMIN DUBA NANAGHAN EDWARD P. NABO OYO BOLI MR. FRED. RENU AKPITI

(2001) JELR 57760 (CA)

Court of Appeal  •  CA/L/37/99  •  23 Apr 2001  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE, JCA (Presided) SULEIMAN GALADIMA, JCA (Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA

Judgement

GALADIMA, JCA (Delivering the Lead Judgment): This is an application brought by the respondents, praying for the following orders: “1. An order striking out the appellants’ notice of appeal dated 19th day of June, 1997, on the ground that the said notice of appeal is incompetent. 2. An order setting aside the order of this Honourable Court for stay of proceedings in suit No. FHC/L/CS/1032/94 which was predicated on the appellants’ notice of appeal dated 19th of June, 1997. The ground upon which this application is made is that no appeal is pending before this court.

The relevant paragraphs of the affidavit in support of this application are as follows: “3. That the appellants in this case filed an application for “enlargement of time within which to appeal against the interlocutory decision of Honourable Mr. Justice Jinadu of the Federal High Court before whom the substantive suit is still pending. This court on the 12th of June, 1997, granted an order enlarging the time within which…

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