The Director General, Defence Industries Corporation Of Nigeria & Anor V. MR. Monday D Dinwabor & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Lead Ruling)

The Applicants filed before this Court a motion on notice dated the 15th of April, 2015 praying for the following orders:

i. An order of this Honorable Court granting extension of time within which the Applicants can seek leave to appeal against the Ruling and judgment of the Federal High Court Kaduna coram E Anyadike J delivered on the 31st of October, 2012 and 25th of April, 2013 respectively.

ii. An order of this Honorable Court granting leave to the Applicants to appeal against the Ruling and judgment of the Federal High Court Kaduna coram E Anyadike J delivered on the 31st of October, 2012 and 25th of April, 2013 respectively.

iii. An order of this Honorable Court granting extension of time within which he Applicants may file their notice and grounds of appeal against the Ruling and judgment of the Federal High Court Kaduna coram E Anyadike J delivered on the 31st of October, 2012 and 25th of April, 2013 respectively

iv. An order of this Honorable Court granting leave to the Applicants to raise and argue fresh issue of law in this

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appeal.

iv. An order of stay of further execution of the Ruling of the trial Court in Suit No FHC/KD/CS/45/2012 delivered on the 29th of September, 2014 wherein a Garnishee Order Absolute was made pending the hearing and determination of the appeal filed at the Court of Appeal, Kaduna.

iv. An order of this Honorable Court deeming the transmitted Record of Appeal as properly transmitted.

The grounds upon which the motion was predicated were stated on the face of the motion paper. The motion was supported by an affidavit of thirty paragraphs with exhibits attached and which was deposed on the 15th of April, 2015 and by a further affidavit of twenty paragraphs with one exhibit attached and which was deposed on the 1st of July, 2015.

The Respondents opposed the application and they filed a counter affidavit of four paragraphs with one exhibit attached and it was deposed on the 1st of June, 2015. The Respondents filed a further counter affidavit of five paragraphs also with one exhibit attached and it was deposed on the 1st of December, 2015.

?At the direction of this Honorable Court, Counsel to the Applicants filed a written address on the

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