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HRH EZE N. K. AGHA & ANOR v. THE COMMISSIONER FOR LOCAL GOVERNMENT AND CHIEFTAINCY AFFAIRS & ORS

(2016) JELR 36848 (CA)

Court of Appeal  •  CA/OW/193M/2014(R)  •  25 May 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; PETER OLABISI IGE JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

PETER OLABISI IGE, J.C.A.(Delivering the Lead Ruling): By their Motion on Notice dated the 26th day of May, 2014 and filed in the Registry of this Court on 28th day of May, 2014, the Appellants Applicants HRH EZE N. K. AGHA and ISUIKWUATO LOCAL GOVERNMENT pray this Court for the following Orders:-

“(a) An Order granting the applicants leave to apply out of time for the restoration of Appeal Number CA/PH/378/2008 which was erroneously dismissed for want of diligent prosecution on 17th March, 2010.

(b) An Order extending the time within which the appellants/applicants shall apply (out of time) for the restoration of Appeal Number CA/PH/378/2008 which was erroneously dismissed for want of diligent prosecution on 17th March, 2010).

(c) An Order restoring Appeal Number CA/PH/378/2008 which was erroneously dismissed for want of diligent prosecution on 17th March, 2010.

(d) An Order granting leave to the Applicants to amend the Notice of Appeal in Appeal No. CA/PH/378/2008 by re-numbering the…

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