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ZAIN NIGERIA LIMITED V. ALHAJI MOHAMMED KAWU ILORIN

(2012) JELR 35160 (CA)

Court of Appeal  •  CA/IL/M.29/2010  •  14 Jun 2012  •  Nigeria

Coram
TIJJANI ABDULLAHI (PJ) JCA; IGNATIUS IGWE AGUBE JCA; OBANDE FESTUS OGBUINYA JCA;

Appearances
Akin Akintoye II with him Josiah Adebayo Esq. For Appellant A.R. Ahmed Esq. For Respondent

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the Ruling of the High Court of Justice Kwara State, Holden at Ilorin Division and delivered on the 5th October, 2009, by His Lordship, the Honourable Justice S.T. Daibu whereby the Application of the Appellant (then the Defendant) dated and filed on the 30th April, 2009, for an order striking out the substantive suit for want of jurisdiction, was dismissed for lacking in merit.

Dissatisfied with the Ruling of the learned trial Judge, the Appellant brought an Application before this Honourable Court dated 23rd March, 2010 praying for extension of time within which to apply for leave to appeal against the said Ruling; leave to appeal on grounds other than law simpliciter; extension of time to appeal and file the Appellant's Notice of Appeal against the Ruling and to deem the Notice of Appeal already filed and served in the suit as duly filed out of time. Consequently, the Notice of Ap…

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