Abiola v Daniel & Ors
It is inappropriate to hear the matter ex parte; the application for permission to appeal will only be reinstated if there is a real prospect of success, which requires submissions from both sides.
- Parties
- Claimant/appellant: Abiola; Defendants/respondents: Daniel and Others
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2005
- Procedural Posture
- Civil Appeal / Application for Permission to Appeal; Adjournment for Inter Partes Hearing
- Outcome
- Adjourned for inter partes hearing
- Legal Topics
- Permission to Appeal, Adjournment, Inter Partes Hearing
Case Brief
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Parties
Abiola
Claimant/appellant
Daniel and Others
Defendants/respondents
Procedural Posture
Civil Appeal / Application for Permission to Appeal; Adjournment for Inter Partes Hearing
Legal Issues
- 1 Whether to reinstate applications for permission to appeal
- 2 Appropriateness of hearing the matter ex parte
Ratio Decidendi
It is inappropriate to hear the matter ex parte; the application for permission to appeal will only be reinstated if there is a real prospect of success, which requires submissions from both sides.
Court Disposition
Adjourned for inter partes hearing
Orders
- Matter stood over for 1 hour for inter partes hearing
- If possible, to be reserved to be heard by Lord Justice Mummery
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