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STATOIL NIGERIA LIMITED V. STAR DEEP WATER PETROLEUM LIMITED, FAMFA OIL LIMITED, PETROLEO BRASILEIRO NIGERIA LTD & TEXACO NIGERIA OUTER SHELF LIMITED

(2015) JELR 53341 (CA)

Court of Appeal  •  CA/L/236/2014  •  22 May 2015  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA (Presided) CHINWE EUGENIA IYIZOBA JCA (Read the Lead Judgment) SAMUEL CHUKWUDUMEBI OSEJI JCA

Judgement

IYIZOBA JCA (Delivering the Lead Judgment): The appellant, Statoil Nigeria Ltd filed two appeals. The first notice of appeal dated and filed on 22 January 2014 is against the decision of Buba J. of the Federal High Court, Lagos in suit No. FHC/L/CS/1452/2013 delivered on 21 January 2014 refusing to grant an order of injunction pending arbitration. The second notice of appeal dated and filed on 26 February 2014 is also against the ruling of Buba J. in the same suit delivered on 24 February 2014 refusing to grant an order of injunction pending appeal and mandatory injunction.

Learned senior counsel for the 1st and 4th respondents, Uche Nwokedi, SAN in his brief of argument complained that there is neither an appeal number nor record of appeal for the second appeal. Mr. Nwokedi contended that without first seeking and obtaining the leave of the court the appellant in his brief of argument wrongly consolidated the two appeals and argued them together using the same appeal number and the…

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