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ADEBISI ADEGBUYI ESQ & ANOR. v. HON. RAMONI OLALEKAN MUSTAPHA & ORS.

(2010) JELR 41740 (CA)

Court of Appeal  •  CA/I/EPT/OG/NASEN/99/08  •  21 Apr 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; KUDIRAT M. O. KEKERE-EKUN JCA; CHIDI NWAOMA UWA JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Ruling ): This is a motion on Notice dated the 29th January, 2010 and filed on the 1st February, 2010. Arguing the motion, Counsel for the Applicant, Otunba Kalejaiye SAN said it is brought under paragraph 1 of the Practice Direction No. 2, 2007, Order 6 Rule 6 of the Court of Appeal rules 2007 and under the inherent powers of this Court. The application prays for an order to strike out the Notice of Appeal in the main matter dated the 7th May, 2008 and filed on the 8th May, 2008 and any appeal based on it. The grounds for the application are that the Notice of Appeal was filed out of time i.e. outside the 21 days allowed by law under paragraph 1 of the Practice Direction No.2, 2007 and further that this Court lacks jurisdiction to entertain any appeal based on the incompetent Notice of Appeal. The Application is supported by a 6 paragraph affidavit. Attached are two exhibits - 'AA' and '88'. Exhibit '88' is the Registrar's statemeā€¦

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