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ENAYE SISAMI RICHARD ABAH v. ERIBO MONDAY & ORS

(2015) JELR 36720 (SC)

Supreme Court  •  SC.3/2014  •  15 May 2015  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC; CHIMA CENTUS NWEZE JSC;

Judgement

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of the Court of Appeal sitting in Abuja wherein the Lower Court dismissed the Appellant's appeal No.CA/A/370/2013 on the 12th day of December, 2013. The facts leading to this appeal are as summarized below:-

Record of appeal in the dismissed appeal was transmitted from the trial Federal High Court to the Lower Court on the 10th day of July, 2013. Appellant's brief of argument and Reply brief were filed on 31st July, 2013 and 13th September, 2013 respectively.

After the transmission of the Record of Appeal and the filling of briefs aforesaid, the Appellant's counsel became aware of the then recent Court of Appeal Practice Direction 2013 and hence filed an application on 4/11/13 inter alia, seeking to regularize the said processes which were transmitted and/or filed outside the time prescribed by the said Court of Appeal Practice Direction 2013. The Appellant's counsel in paragraphs 10 and…

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