The Shell Petroleum Development Company Of Nigeria Limited V. Mr. Godlove B. Miller (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment)

The notice of appeal at pages 72 – 75 of the Record of Appeal is directed against the Ruling delivered by the Rivers State High Court on 10th April, 2002. The Ruling (at page 66 of the Record) is herein reproduced, to wit:

“Ruling

There is no merit in this application as the defendant counsel from the records of proceedings was present at the hearing of the motion for judgment, and opposed as shown by paragraph 9 of the counter-affidavit. There is therefore a clear case of waiver on the part of the defendant who complains that the motion did not bear a date for hearing it. See the case of ONIAH v. ONYIA (1989) 1 NWLR [pt.99] at page 514 at 534. Besides the common feature running like a connecting thread in the Defendant’s affidavit is the element of delay as shown by paragraphs 10, 11, 18 and 19 of its affidavit. Application is dismissed there shall be cost of N10,000.00 to the plaintiff.

(SGD)

(HON. JUSTICE E. A. OLUKOLE)

JUDGE

10/4/2002.”

The ruling is an off shoot of the application to set aside the judgment delivered on 5th June, 2001. I find the proceedings of the 15th May, 2001 and 5th June, 2001 (pages 62 and 63 of the Record) germane. Accordingly, they are herein below reproduced as follows:

“BEFORE THE HONOURABLE JUSTICE E. A. OLUKOLE, JUDGE

ON TUESDAY THE 15TH DAY OF MAY, 2011

SUIT NO. PHC/1413/2000

BETWEEN:

GODLOVE B. MILLER