In The Court of Appeal of Nigeria
On Tuesday, the 27th day of March, 2018
Before Their Lordships
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
NIGERIAN AGIP OIL COMPANY LTD Appellant(s)
1. MR.EMMANUEL UJO
2. IKENNA NDUKA
3. NZORO GEORGE
(For themselves and as representing members of Umuoyata Village, Oguta)
(Suing through their Attorney, IKESCO CONTRACTING COMPANY NIG. LTD) Respondent(s)
MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Lead Ruling): This ruling is with regard to an application brought by the appellant/applicant (hereinafter referred to as the applicant) wherein the applicant sought for the following orders:1. An Order for extension of time within which the Applicant may appeal against the decision of the Federal High Court Owerri Division, delivered by Hon. F. A. Olubanjo J., date 27/2/2013, in Suit No: FHC/OW/CS/234/2011- Emmanuel Ujo& 2 Ors. v. Nigeria Agip Oil Company Limited.
2. An Order staying further proceedings of the Federal High Court Owerri Judicial Division in the said suit pending the hearing of the motion and or the appeal.
The application is supported by an affidavit and further affidavit deposed to on the 9th day of November, 2016 and 13th September, 2017, respectively; together with six exhibits. In opposition to the applicants motion, the respondents/respondents (herein after referred to as respondents) filed a counter-affidavit and a further counter-affidavit.
On the 24th day of January, 2018 when this application came up for hearing, the learned counsel for the parties agreed and informed this Court that the ruling in respect of this application will abide by that of its sister application in Appeal No. CA/OW/276M/2016 between the same parties as the ones in this appeal. Consequently, it is hereby ordered as follows:
1. Time is extended by the grant of 21 days extension of time with effect from today and within which the applicant shall file its notice of appeal against the ruling of the Federal High Court, Owerri Division, delivered on the 27th day of February, 2013 in Suit No: FHC/CS/232/2011 between Mr. Emmanuel Ujo & Ors. v. Nigerian Agip Oil Company Limited.
2. The order sought for stay of further proceedings of the lower Court in respect of the suit leading to this application is hereby refused.
3. Parties are to bear their respective costs.
ITA GEORGE MBABA, J.C.A.: I had the privilege to read the lead Ruling just delivered by my learned brother, M.A. Oredola JCA, and I agree with his reasoning and conclusion that the Application for leave to appeal ought to be granted and the prayer for staying of further proceedings refused.
I abide by the consequential orders in the lead judgment.
TUNDE OYEBANJI AWOTOYE, J.C.A.: I had the privilege of reading the ruling just delivered by my learned brother MASSOUD ABDULRAHMAN OREDOLA JCA.
I am in full agreement with the reasoning and conclusion therein.
I also grant the prayer for extension of time to appeal against the ruling of the lower Court delivered on 27/2/2013. Applicant is to file its Notice of Appeal within 21 days from today at the lower Court Prayer for stay of further proceedings in hereby refused. No order as to costs.
O. J. Irerhime, Esq. For Appellant
E. O. Ochomma, Esq. For Respondent