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ALHAJI RASAQ ABIODUN ABIJOH V. CHIEF GANIYU OLAYIWOLA FAGBOHUN & ANOR.

(2010) JELR 47822 (CA)

Court of Appeal  •  CA/I/M.194/2006  •  15 Nov 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA MODUPE FASANMI JCA

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Ruling): This is a Motion on Notice dated and filed on 17/12/09 on behalf of the Appellant/Applicant for the following order:

"Relisting this Appeal/Notice of Appeal struck out on 25th November 2009 on the ground that the Appellant's counsel was not present in Court to convince the Court that the Notice of Appeal was signed by Appellant's counsel and or that the Notice of Appeal was not signed.

And such further Order or Orders as the Court may deem fit to make in the circumstances."

It is brought pursuant to Order 7 Rules 1 and 20 of the Court of Appeal Rules 2007 and supported by a 14-paragraph affidavit deposed to by one Adebayo Babatunde, Law Clerk in the chambers of J.O.A. Ajakaiye Esq. learned Counsel for the Applicant. Attached to the application are two exhibits: applicant's counsel's office copy of the original Notice of Appeal marked Exhibit A and a certified true copy of the record of proceedings of …

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