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WEST AFRICAN PORTLAND CEMENT PLC v. MR. DAVID KEHINDE ODUNTAN & ANOR

(2007) JELR 49059 (CA)

Court of Appeal  •  CA/I/66/2004  •  27 Mar 2007  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JCA; ALFRED PEARSON EYEWUMI AWALA JCA; JOHN INYANG OKORO JCA;

Judgement

JOHN INYANG OKORO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of O. Osidipe, J. sitting at the High Court of Justice, Abeokuta on 21st January, 2003. At the hearing of this appeal, only the appellant was represented by counsel. The Respondents and their counsel were absent. However since briefs were filed and exchanged, this appeal was heard in accordance with Order 6 Rule 9 (5) of the Court of Appeal Rules, 2002. The Appellant, who was defendant/applicant in the court below filed a motion on notice dated 1st October, 2001 praying the court for three reliefs as follows:-

1. An order of court that the plaintiffs/respondents are estopped by their conduct from taking any further steps in the prosecution of this case.

2. An order of court that this case has been settled out of court by payment of the sum of N6m to plaintiffs/respondents by the defendant/applicant since December, 1998.

3. An order closing this case having been fully settled by the partieā€¦

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