Ipco Nigeria Limited V. Nigerian National Petroleum Corporation (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling)

The applicant by a motion on notice dated and filed on 23-10-2012 prayed for the following orders:-

(1) An order of this Honorable Court enlarging the time within which the Appellant/Applicant may seek the leave of this Honorable Court to appeal against the decision of the Federal High Court presided over by the Honorable Justice I. N. Auta in Suit No.FHC/L/CS/1060/2004: NNPC VS. IPCO (NIGERIA) LTD delivered on 20th February, 2006.

(2) An order granting leave to the Appellant/Applicant to appeal against the decision of the Federal High Court presided over by the Honorable Justice I. N. Auta in suit No FHC/L/CS/1060/2004: NNPC VS. IPCO (NIGERIA) LTD delivered on 20th February, 2006 on grounds other than grounds of law.

(3) An order enlarging time within which the Appellant/Applicant may appeal against the decision of the Federal High Court presided over by the Honorable Justice I. N. Auta in Suit No.FHC/L/CS/1060/2004 NNPC VS. IPCO (NIGERIA) LTD delivered on 20th February, 2006.

(4) An order of this Honorable Court deeming the Notice of Appeal No. 2 dated the 5th March 2012 already filed and served as having been properly filed and served.

The grounds for the application were extensively stated and in support of the said motion, the Appellant/Applicant filed a 27 paragraph affidavit deposed to by one Jesutofunmi Olubanjo a legal practitioner of No. 1 Murtala Mohammed Drive, Ikoyi, Lagos. Attached to the said affidavit as Exhibit IPCO 1 to IPCO 4 are:

(a) Copy of a Ruling of the Federal High Court delivered on 20-2-2006 in Suit No. FHC/L/CS/1060/2004.

(b) Copy of the Notice of Appeal No. 1 dated 6-3-2006.

(c) Copy of a motion on notice dated 5/7/2006

(d) Copy of the Ruling of this court delivered on 20-2-2007 in Appeal No.CA/L/179/2006.

In opposing the application the Respondent filed six paragraph counter affidavit deposed to by one Yakubu Galadima, a legal practitioner in the firm of Babalakin and Co. It was followed up with a further counter affidavit of 7 paragraphs sworn on 27-2-2013 and deposed to by one Aina Ogunsuji (Miss).

The applicant also filed a further affidavit dated. 14-1-2013 deposed to by the same Jesutofunmi on behalf of the applicant and with Exhibit “A1” attached to it.

Written addresses were subsequently ordered, filed and served. The said written addresses were duly adopted and relied upon by the parties at the hearing of the application on 29-10-13. A brief history of this application is hinged on the fact that the Federal High Court, Lagos Division delivered a Ruling on 20-2-2006. The present applicant being dissatisfied with the ruling filed a Notice of Appeal (No.1) dated 6-3-2006. It also filed a motion on notice dated 5-7-2006 before this Court wherein it contains the Trinity prayers. The said motion was heard and granted by this court on 20-2-2007 and the applicant was granted 7 days to file its Notice of Appeal.