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MR. F. O. OSIFESO & ORS V. BRITISH AMERICAN TOBACCO LIMITED

(2013) JELR 35350 (CA)

Court of Appeal  •  CA/I/02/2007  •  11 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Lead Ruling): On the 13th of January, 2010, this court granted the Respondent leave to file a Respondent's Notice and to argue new issues of law raised in the said Respondent's Notice. That leave was pursuant to the Respondent's Motion on Notice dated the 28/10/2008 and filed the 29/10/2008. Accordingly, the said Respondent's Notice dated the 10/1/2010 and filed the 13/01/2010 was deemed filed the 13/1/2010. The said Respondent's Notice was predicated upon two Grounds.

However, by a Motion on Notice dated and filed the 26/10/2010, the Respondent as Applicant sought the following reliefs:

1. AN ORDER granting leave to the Respondent to raise and argue a fresh issue of law on appeal as contained in ground 3 of the proposed Amended Respondent's Notice attached to this application as Exhibit JA2.

2. AN ORDER granting leave to the Respondent/Applicant to amend the Respondent's Notice dated 10th January, 2010 by the addition of another ground n…

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