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UNITED CEMENT COMPANY OF NIGERIA V. DANGOTE INDUSTRIES LTD. & ANOR.

(2006) JELR 33449 (CA)

Court of Appeal  •  CA/A/165/2005  •  28 Feb 2006  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA; MARY PETER ODILI JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

ADEKEYE, J.C.A. (Delivering the Lead Ruling): In the application filed on 23/11/05, the appellant/applicant United Cement Company Nigeria Limited prayed this court for:

"An order suspending the restraining order in suit No. FHC/ABJ/CS/140/2005 dated the 27th of October, 2005. (Per Hon. Justice S. T. Adah in this appeal pending the hearing and determination of the appeal.)"

In the scenario leading to this application, the 1st respondent, Dangote Industries Limited by a writ of summons and statement of claim filed on the 11th of March, 2005, at the Federal High Court Abuja claimed against the appellant/applicant United Cement Companies Ltd. and the 2nd respondent Hon. Minister of Solid Minerals Development amidst other reliefs as follows:

"A declaration that the 2nd defendant by its purported approval of EAL LWS 17410 and 17411 in the 1st defendant's favour, exercised its powers and discretions under the Minerals and Mining Act 1999 without good faith and legal justification, improperly…

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