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PORTS AND MARINE SERVICES LIMITED v. UMARCO (NIGERIA) LIMITED & ORS

(2016) JELR 36740 (CA)

Court of Appeal  •  CA/L/673/2012(R)  •  19 Oct 2016  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; YARGATA BYENCHIT NIMPAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Lead Ruling): This ruling is in respect of the Applicant's motion dated 7th of October, 2015 and filed on the 8th of October, 2015. It was brought pursuant to Order 7 Rules 1 and 10 of the Court of Appeal Rules, 2011 and under the inherent jurisdiction of this Court seeking for the following orders:

1. An order enlarging the time within which the Applicant may file its Notice of Appeal against the Judgment of Honourable Justice D.F. Akinsanya (Rtd) of the Lagos State High Court delivered on 4th May, 1998 in Suit No: LD/164/1984: Ports and Marine Services Limited v. Umarco (Nigeria) Limited and 3 Ors

2. And for such further or other order(s) as this Honourable Court may deem fit to make in the circumstances

The grounds upon which the application is founded states thus:

That at the time we were briefed, the time within which to file the Applicant's counter affidavit had lapsed as permitted by the Rules of this Honourable Court.

The motion is su…

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