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SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED v. SAM ROYAL NIGERIA LIMITED

(2016) JELR 37164 (SC)

Supreme Court  •  SC.120/2006  •  26 Feb 2016  •  Nigeria

Coram
SULEIMAN GALADIMA JSC; MARY UKAEGO PETER-ODILI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN IYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): This appeal by the Appellant herein is against the judgment of the Court of Appeal Port Harcourt Division delivered on the 14th day of April, 2005 affirming the decision of the Rivers State High Court, Ahoda delivered on the 20th day of June, 2000, entering judgment for the Respondent herein under the undefended list procedure.

Appellants' Notice of Appeal in this Appeal contains only a sole ground of Appeal. The ground reads thus:

"The Learned Trial Justices of the Court of Appeal misdirected themselves in law and thereby came to a wrong conclusion when they held that the Rule of the High Court of Rivers State on enlargement on time does not apply to matters brought under the undefended list."

Detailed background facts of this case are not all that relevant or material to the determination of this appeal, save as set out to expose the indolence and lack of diligence and further ensuing incompetence of the Notice of Appeal rais…

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