At the resumed hearing, prosecuting counsel, Sam Ologunorisa, SAN, informed the court that the EFCC secured victory over Shema at the Supreme Court,
which dismissed the application made by his counsel, J. B. Daudu, seeking to stop his trial.
The first runner - up in the September 2016, governorship primary of the All Progressives Congress in Ondo State, Mr. Olusegun Abraham, has commended the ruling of the Court of Appeal
which dismissed the application for stay of court proceedings filed by Governor Rotimi Akeredolu.
Not exact matches
The embattled judge is arguing before the court that «despite the pendency of these two
applications before this Court, [Justice Torkonoo] in outright disrespect of this Court caused a hearing notice to be served on me to appear before her on 3rd December, 2015, for the hearing of the same contempt
application which [she] had already dealt with on the 28th and 29th September, 2015 and
dismissed.»
The two appellants had challenged the Abuja Federal High Court's judgment
which first
dismissed those
applications.
The tribunal on Oct 21 adjourned his trial in the instance of his plea before the appellate court
which had on October 30,
dismissed Saraki's
application to stop his trial at the CCT for lack of merit.
An Accra High Court
dismissed an
application filed by the disputed Parliamentary Candidate, Nii Noi Nortey,
which sought to set aside a default judgment thereby setting the pace for the opposition.
A five - man bench of the apex court made the order in a unanimous ruling in
which it
dismissed Metuh's
application for an order of stay of proceedings of his trial before the Federal High Court.
The Supreme Court [today], Wednesday,
dismissed an
application filed by journalist Richard Dela Sky,
which asked the court to interpret provisions of the 1992 Constitution on the appointment of an Electoral Commission Chair.
The Supreme Court has
dismissed a joinder
application by the People's National Convention (PNC) in the lawsuit in
which a former National Youth Organizer of the party, Abu Ramadan, and one Evans Nimako, are seeking a declaration that the current electoral roll is not credible for the November polls.
The Attorney General sought judicial review,
which application was
dismissed (2013 FC 113), and subsequently appealed to the Federal Court of Appeal.
He brought proceedings for damages by way of
application under the elusive Pt 19 of the Family Procedure Rules 2010 (SI 2010/2955) and
which were
dismissed and he was back before the Court of Appeal to challenge that dismissal.
The Court of Appeal's reasons for judgment (from
which the
application was made),
dismissing an
application for leave to appeal to it, can be found under Re Ivaco Inc. (2007 ONCA 746).
The decision in May 2016
dismissed the
application of the AER and Orphan Well Association,
which argued that Grant Thornton should have to carry out the abandonment, reclamation and remediation obligations of Redwater's non-producing wells or perform abandonment orders as issued by the AER,
which included paying a security deposit.
The tribunal reached these decisions after interpreting Section 45.1 of the Code,
which states that: «The Tribunal may
dismiss an
application, in whole or in part, in accordance with its rules if the Tribunal is of the opinion that another proceeding has appropriately dealt with the substance of the
application.»
Permission to apply for judicial review was refused by the High Court, but granted by the Court of Appeal,
which went on to hear and
dismiss the substantive
application for judicial review.
The result ultimately turned on the
application of s 14A of the Limitation Act 1980 (LA 1980) and the claim,
which otherwise would have succeeded, was
dismissed as statute barred.
In R (on the
application of Aweys) v Birmingham City Council and other
applications [2007] EWHC 52 (Admin), [2007] All ER (D) 230 (Jan) the Court of Appeal
dismissed the authority's appeal and held that, upon finding a homeless person to be unintentionally homeless, eligible and in priority need, the «main housing duty» under HA 1996, s 193 (2) arose immediately and that the discharge of this duty could not be met by leaving the applicants in their existing homes: «the homeless at home»,
which the authority considered no longer reasonable for them to occupy, while waiting for an offer of permanent accommodation under the allocation scheme.
In October 2017, the Commercial Court
dismissed a judicial review
application which sought to quash An Bord Pleanala's decision to grant the Apple technology company planning permission for the construction of a data storage centre together with an electricity substation and associated infrastructure on a site near Athenry, County Galway.
A non-suit
application is permitted by Rule 8.20 of the Alberta Rules of Court, Alta Reg 124/2010,
which states, «at the close of the plaintiff's case, the defendant may request the Court to
dismiss the action on the ground that no case has been made, without being asked to elect whether evidence will be called.»
The Respondent challenged the CSST's decision before the CLP,
which confirmed the CSST's decision and therefore
dismissed the Respondent's
application to subject the employer to a duty of accommodation under the Charter.
The services determined by the ALT to be essential included
applications for postponement, in respect of
which the following appears in an appendix to the decision: [translation] «A lawyer who is responsible for a case scheduled for a strike day must apply for a postponement and must conduct the hearing should the court
dismiss the
application for postponement».
Unfortunately for the lawyer, the Divisional Court had no jurisdiction to hear her
application which resulted in her
application being
dismissed and an additional $ 5,000 in costs being awarded against the lawyer.
They can only claim costs in relation to the judicial treatment of the Joint
Application which, as noted, was
dismissed.
The Pucci court
dismissed the Crown's
application which brings me to the questions in this post: (a) what is a rule?
On January 11, 2013, the Ontario Superior Court of Justice (Divisional Court) delivered its decision in Re Rankin, upholding the decision of the Ontario Securities Commission (the «Commission»)
dismissing an
Application to set aside an order in
which it approved a settlement agreement between Commission Staff and the appellant, Andrew Rankin («Rankin»).
Successfully opposed a motion brought by the appellant seeking reinstatement of his leave
application which had been
dismissed for delay.
In
dismissing the appeal against dismissal of an
application for judicial review of the Bar Council's decision, the Court examined the relevant ECHR case law,
which emphasised adequacy of representation over freedom of choice as to the identity of counsel.
There is a further reasoned order in the same case made on the 5th October 2016 (i.e. without the expense of a hearing) in
which Roth J.
dismissed the Defendant's
application to adduce late expert evidence, since this would be prejudicial to the Claimant.
Police obtained a general warrant,
which Telus challenged but was
dismissed by the
applications judge.
The Appellant and the contracting company brought
applications to
dismiss the complaint under s. 27 (1) of the Human Rights Code,
which provides that a complaint may be
dismissed if it is not within the jurisdiction of the Tribunal, the acts or omissions alleged do not contravene the Code, there is no reasonable prospect the complaint will succeed, or proceeding with the complaint would not further the purposes of the Code.
This morning, the Supreme Court of Canada
dismissed Lesslie Askin's
application for leave to appeal the lower court ruling,
which puts the issue at rest.»
Mayer v Mayer BCSC 615 followed Coutu v Jorgensen involved very long and protracted litigation involving several court decisions and after four years an
application was brought to remove the opposing counsel
which was
dismissed.
[21] Yes, this may be developing into a major claim, but that does not change all of the other considerations that I have applied and taken from the cases, all of
which lead me to conclude that the
application should be
dismissed, and it is.
If the proper exercise of the Court's discretions to
dismiss pursuant to Order 20 or Order 35A, or pursuant to its residual discretion, does not support the dismissal of a native title
application, there should be no other basis on
which the
application is liable to be
dismissed.
In my Native Title Report 2007, I noted that new provisions had been inserted into the Native Title Act, enabling the Federal Court to
dismiss applications that do not meet the merit conditions of the registration test (
which are set out in s 190B of the Native Title Act).
Under these proposed provisions, the Court is not only empowered to
dismiss native title
applications in the circumstances to
which the proposed s. 94C [item36] applies, but it is obliged to do so unless there are unspecified but limited «compelling reasons not to do so» [s 94C (3)-RSB-.
Item 36,
which would insert a new s. 94C requiring the Court to
dismiss proceedings relating to
applications that appear to have been made to attract the
application of the «right to negotiate» provisions when the «future act» concerned has been done, except where there are compelling reasons not to do so,
The tribunal rejected a request by Johnson to have the original discrimination complaint
dismissed, saying, in part, ``... the new
application to
dismiss is made under each and every ground contained in s. 27 (1), the vast majority of
which simply have no conceivable
application.