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MR. J.M.J. ASINOBI & ANOR v. NIGERIAN BREWERIES PLC

(2018) LPELR-45876(CA)

In The Court of Appeal of Nigeria

On Friday, the 21st day of September, 2018

CA/OW/319M/2017(R)


Before Their Lordships

MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria


Between

1. MR. J.M.J. ASINOBI
2. MR. S. UCHE
(For themselves and as representing the 2004 Aba
early retirees of Nigerian
Breweries Plc.) - Appellant(s)

AND

NIGERIAN BREWERIES PLC. - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a ruling on an application for leave to appeal.
FACTS:
The motion dated 11/8/2017 and filed before the Court on 14/8/2017 was brought by the Applicants pursuant to Sections 6(6)(a) and (b), 36 and 243(3) of the 1999 Constitution of Nigeria, Orders 4 Rules 1, 3, and 9; 6 Rule 2, 9 and 12, of the Court of Appeal Rules, 2016 and inherent jurisdiction of the Court. Therein, the Applicants seek for the following:-
"1. An order granting leave to the applicant (sic) for
a. Extension of time within which to apply to set aside the ruling of this honourable Court delivered on 8/5/2017 in suit No. CA/OW/137M/2015 - Mr. J.M.J. Asinobi & Anor. (sic) vs. Nigerian Breweries Plc.
b. Extension of time within which to seek leave to apply to set aside the above ruling of this Court.
c. Setting aside the above ruling.
2. An order granting leave to the Applicants to:
a. Appeal against the judgment of the National Industrial Court in suit No. NIC/EN/05/2009 - Mr. J.M.J. Asinobi & Anor. (sic) vs. Nigerian Breweries Plc. delivered on 18/10/2010.
b. Extension of time within which the Applicant (sic) may file and serve his (sic) notice and grounds of appeal. 
c. Extension of time within which the Applicant (sic) may seek leave to appeal against the above judgment."

Due to the opposing and irreconcilable positions regarding the issue or question as to whether or not the proposed or intended appeal of the Applicants can properly be entertained by the Division of the Court of Appeal taken by the parties whenever the motion on notice came up, the Court (on 23/4/2018 to be precise) ordered that parties should file written addresses in respect of the motion filed on 14/8/2017 and they duly complied with the order.

ISSUES:
The Court determined the application of the issues couched as follows:

APPLICANT'S ISSUES
1. Whether or not the Appellants are entitled to the grant of this application for leave. 
???2. Whether it is the Court of Appeal, Owerri Judicial Division or Lagos or Enugu Judicial Division that has the jurisdiction to grant leave to the Appellants to appeal against the judgment of the NIC in the (sic) Suit No NIC/EN/05/2009 that was not commenced by way of the Fundamental Right Procedure Rules pursuant to the Section 46(3) of the Constitution.

RESPONDENT'S ISSUE
"Whether the Court of Appeal Owerri Division is the appropriate Division of the Court of Appeal to entertain this application for leave to appeal against the said judgment of the National Industrial Court Enugu/Lagos." 

DECISION/HELD:
On the whole, the Court found no merit in the application and accordingly struck out same.


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