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MUHAMMAD ABDULHAMID V. ALH. SABO BABAGANA

(2017) JELR 37367 (CA)

Court of Appeal  •  CA/J/149M/2016(R)  •  15 Mar 2017  •  Nigeria

Coram
ADAMU JAURO JCA; UCHECHUKWU ONYEMENAM JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Judgement

UCHECHUKWU ONYEMENAM, J.C.A.(Delivering the Lead Ruling): Upon an application by Motion on Notice brought by Muhammad Abdulhamid herein referred to as the Applicant; the same filed on 31st May, 2016 was moved on 16th January, 2017 by Mr. B.V. Dalbadal who appeared with Mr. M.T. Ishaku for the Applicant.

Mr. Dalbadal sought without objection and was granted leave to withdraw reliefs 1 and 2 on the face of the Motion paper. Accordingly, reliefs 1 and 2 were struck out. The learned counsel referred to the Motion on Notice filed 31st May, 2016, written address and reply to Respondent's address filed on 14th October, 2016, and 14th November, 2016, respectively; upon the directive of the Court. He adopted both in urging the Court to grant the application.

In opposition, Mr. M.K. Okuma for the Respondent adopted the written address filed on 7th November, 2016 in urging the Court to refuse the application.

The application is brought pursuant to Section 24(4) of the Court of Appeal Act, 2010 (Ame…

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