Nigerian National Petroleum Corporation & Anor. V. Odidere Enterprises Nigeria Limited (2007)

LawGlobal-Hub Lead Judgment Report

ABOKI, J.C.A.

In this application the appellants/applicants are praying this court for the following reliefs:

“1. An order granting enlargement of time within which the appellants/applicants may seek leave to appeal against the ruling of the Honourable Justice A.I. Chikere sitting at the Federal High Court, Abuja delivered on 18th July, 2006.

2. An order granting leave to the appellants/applicants to appeal against the ruling of the Honourable Justice A.I. Chikere sitting at the Federal High Court Abuja, delivered on 18th July, 2006.
3. An order granting leave to the appellants/applicants to appeal against the ruling of the Honourable Justice A.I. Chikere sitting at the Federal High Court, Abuja delivered on 18th July, 2006, on grounds other than grounds of law alone.
4. An order granting enlargement of time within which to file the notice of appeal against the ruling of the Honourable Justice A.I. Chikere sitting at the Federal High Court. Abuja delivered on 18th July, 2006, as set forth in exhibit 2 to the affidavit in support of this motion.
5. An order directing a stay of further proceedings in suit No. FHC/LS/32/1997 before the Honourable Justice A.I. Chikere subject matter of this appeal, until the hearing and determination of the appeal by this Honourable Court against the ruling of the Federal High Court dated 18th July, 2006.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances.”

This application dated 11th October, 2006 and filed the same date has three affidavits in support of it. The first is a 12 paragraph affidavit, the second has paragraphs 13 – 17 while the third contains paragraphs 20-24. Attached to the first affidavit are four exhibits marked as exhibits 1, 2, 3 and 4 series.

Exhibit I is the certified copy of a ruling of the Federal High Court, Abuja dated 18th July, 2006.

Exhibit 2 is the proposed notice of appeal.

Exhibit 3 is the certified copy of motion on notice and affidavit in support of motion on notice for leave to appeal in the Federal

High Court dated 24th July, 2006.

The exhibit 4 series are copies of letters from Messrs Olumide Ayeni& Co. to the Registrar, Federal High Court, Abuja dated 18th and 20th July, 2006.

In the 3rd affidavit in support of the application dated 9th August, 2006, the applicants in paragraph 22 of the said affidavit referred to a copy of the notice of discountenance attached and it is the 5th exhibit.

The respondent filed a counter-affidavit of 28 paragraphs with two exhibits marked as A and B respectively. Exhibit A is a letter from the Chief Judge of the Federal High Court dated 22nd January, 2003 to Hon. Justice S.W. Egbo-Egbo who was transferred from Lagos to Abuja, directing him to continue the hearing of the case in Abuja.

Exhibit B is a motion of intention to contend that judgment should be affirmed on grounds other than those relied upon by the court below pursuant to Order 3 rule 14(2) of the Court of Appeal Rules, 2002.

This court on 1st November, 2006 granted leave to both parties to file written addresses in respect of this application.