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ST. MICHAEL PHARMACEUTICALS LTD V. MOORE ASSOCIATES LTD & NATIONAL AGENCY FOR FOOD AND DRUG ADMINISTRATION AND CONTROL

(2015) JELR 53134 (CA)

Court of Appeal  •  CA/L/502/01  •  14 Apr 2015  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA YARGATA BYENCHIT NIMPAR JCA JAMILU YAMMAMA TUKUR JCA

Judgement

AUGIE JCA (Delivering the Lead Judgment): By this appeal, the appellant is challenging the order of certiorari granted by the Federal High Court to quash inter alia a certificate registering a drug product known as “Maloxine”; issued in its favour by the 2nd respondent.

The 1st respondent commenced an action against the 2nd respondent on 12 January 2000 by way of an originating summons ex parte accompanied by a 26-paragraph affidavit with 13 exhibits attached, affidavit verifying facts of 3 paragraphs, and a statement containing its description, reliefs sought, and the grounds upon which the reliefs are sought. In its ruling delivered on 24 January 2000, the Federal High Court, Lagos granted the following orders:

1. Extension of time within which the applicant may file an application for leave to apply for an order of certiorari.

2. Leave to the applicant to apply for an order of certiorari to remove into this honorable court and quash the following:

(a) A letter of approval d…

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