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DEKIT QUARRIES LIMITED & ORS v. ASSET MANAGEMENT CORPORATION OF NIGERIA & ANOR

(2018) LPELR-43736(CA)

In The Court of Appeal of Nigeria

On Wednesday, the 21st day of February, 2018

CA/IB/M392/2017(R)


Before Their Lordships

CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria

HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria

NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria


Between

1. DEKIT QUARRIES LIMITED
2. MRS. DEBORAH BOSEDE OLAGUNJU
3. MR. TOLU OLAGUNJU - Appellant(s)

AND

1. ASSET MANAGEMENT CORPORATION OF NIGERIA
2. ADENIYI MUHAMMAD UTHMAN
(RECEIVER OF DEKIT QUARRIES LIMITED APPOINTED BY ASSET MANAGEMENT CORPORATION OF NIGERIA) - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling on an application to relist an appeal dismissed for want of diligent prosecution.
FACTS:
This is an application by motion on notice brought by the Appellants/Applicants praying for the following orders:

1. "Setting aside the Ruling of this Honourable Court delivered on 29th September, 2017 dismissing Appeal No. CA/IB/254/17 between Dekit Quarries Limited & Ors vs Asset Management Corporation of Nigeria & Anor.
2. Restoring to the Cause List the Notice of Appeal filed on 5th June, 2017 against the Judgment of the Federal High Court Coram Honourable Justice N. Ayo-Emmanuel in Suit No. FHC/IB/CS/57/2016 between Asset Management Corporation of Nigeria & Anor. Vs. Dekit Quarries Limited & 2 Ors.
3. Extending the time within which to properly file the Appellants' Brief of Argument."

The application was supported by (1) the 1st Affidavit of 26 Paragraphs sworn to by FRANCIS DARE OLORUNTOBA (2) the 2nd Affidavit of 11 Paragraphs sworn to by EZEKIEL ATAT, with  one Exhibit, a copy of the Appellants' Brief of Argument prepared for filing. (3) a 13 Paragraph Further and Better Affidavit deposed to by FRANCIS DARE OLORUNTOBA on 20th October, 2017 with copies of several documents attached as Exhibits 2, 3, 4, 5 and 6. (4) a 9 Paragraph 2nd Further and Better Affidavit with the Certified True Copy of the Ruling of this Honourable Court attached as Exhibit 7. 

Learned Counsel for the 1st and 2nd Respondents filed Notices of Preliminary objection dated 17th October, 2017 and 18th October, 2017 respectively. The two separate objections challenged the Jurisdiction of the Court to restore the Appeal dismissed for want of diligent prosecution.

ISSUES:
The Court determined the application on the issues raise by the Applicant and couched as follows:

(1) Whether this Honourable Court lacks jurisdiction to set aside its decision to dismiss an appeal for failure to file the Appellants' brief of argument within time as stipulated by the Court of Appeal (Fast Track) Practice Directions, 2014.

(2) Whether the applicants have disclosed sufficient reasons and shown good cause entitling them to an order setting aside the Ruling dated 29th September, 2017 and granting the prayers sought in the motion paper.

DECISION/HELD:
On the whole, the Court found merit in the Respondents' preliminary objection and accordingly upheld same. The application was therefore dismissed.


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