Nipco Plc V. Hensmor Nigeria Ltd & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HUSSEIN MUKHTAR J.C.A. (Delivering the Lead Ruling)

This is an application by an interested party/applicant Nipco Plc seeking for the following reliefs:

“1. An order granting the applicant leave to appeal as an interested party against the order/ruling of the

Federal High Court, Lagos, Coram Mustapha C.J. made on 26th day of February, 2008 setting aside the lease agreement made between the 1st defendant/respondent and the applicant herein on 4th April, 2007.

2. An order granting the applicant enlargement of time within which to seek leave to appeal.
3. An order granting the applicant leaves to appeal
4. An order granting the applicant extension of time within which to appeal.”

The application rests on the following four grounds:

“I. The order/ruling made by the Federal High Court Lagos on 26th February, 2008 affects the vested interest of the applicant in the property mentioned in the said order.

II Applicant was not made a party to the action cither by the plaintiffs/respondents or by an order of court.

III The proceedings of the trial court leading to the ruling of 26th February, 2008 was conducted in violation o1’the applicant’s right to fair hearing as enshrined in the 1999 Constitution.

IV Applicant was not award of the order until the plaintiffs/respondents advertised same on 15th April, 2009.”

A twenty seven paragraph affidavit dated and filed 14th May, 2009 supports the application. The following seven exhibits were annexed to the affidavit and marked exhibits A-G respectively:

a) Statement of claim dated and filed 21st February, 2007 (exhibit A).

b) Lease agreement dated 4th April, 2007 (exhibit B).

c) Public Notice on application for an oil pipeline licence by the applicant Nipco Plc published in Thisday Newspaper of March 17th, 2009 (exhibit C)

d) Another publication in Thisday Newspaper of April 15th, 2009 on the Waziri Jetty Apapa: Status of Nipco Plc lease and two drawn up orders of the Federal High Court dated 23rd and 26 February, 2008 rcspectively (exhibit D.)