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KUNLE YINKA ADEMOLA v. ATTORNEY-GENERAL OF THE FEDERATION & ANOR

(2015) JELR 33358 (CA)

Court of Appeal  •  CA/L/78/2011  •  4 Jun 2015  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; TIJJANI ABUBAKAR JCA; YARGATA BYENCHIT NIMPAR JCA;

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court delivered by HON. JUSTICE D.D. ABUTU (as he then was) on the 28th September, 2001 wherein the lower Court accepted an invitation to set aside its judgment delivered on 26th September, 2000. The appellant, dissatisfied with the ruling, filed a 1st Amended Notice of Appeal setting out 3 grounds of appeal.

The brief facts of this appeal are that the appellant was claimant at the Lower Court and judgment was entered in his favour in the absence of the Respondents who later applied asking the court to set aside its judgment given in default of defence and appearance. The court set aside the said judgment, a decision which aggrieved the appellant thus this appeal.

The appellant filed his brief of argument dated 28/1/2013 on the same day but deemed on the 24/2/15 which was relied upon and adopted at the hearing of this appeal.

The Respondents filed a joint Respond…

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