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IGWE JOSIAH AGU & ORS. V. OZO I. O. U. AYALOGU & ORS.

(1997) JELR 45504 (CA)

Court of Appeal  •  CA/E/105M1/96  •  10 Dec 1997  •  Nigeria

Coram
JUSTIN THOMPSON AKPABIO JCA; ISA AYO SALAMI JCA; EUGENE CHUKWUEMEKA UBAEZONU JCA;

Appearances
Chief A. O. Mogboh, SAN (with him J. N. Edochie, A. I. Ani and C. O. Oragudosi (Mrs) For Appellant S. I. Chime Esq., (with him J. U. Nnaji) For Respondent

Judgement
<p>JUSTIN THOMPSON AKPABIA, J.C.A. (Delivering the Leading Judgment): This was an application brought pursuant to Order 3 Rule 3 of the Court of Appeal Rules, 1981, as amended and under the inherent jurisdiction of this Court on behalf of the Defendants/Appellants/Applicants for the following orders of this Court:-</p><p> &quot;(a) For extension of time within which to apply for leave to appeal against the Ruling of Hon. Justice C. Onyia dated 19th November, 1992.</p><p> (b) For leave to appeal against the said ruling.</p><p> (c) For extension of time to file the notice and grounds of appeal.&quot;</p><p> The said application was supported in the first instance by a 13- paragraph affidavit sworn to by Harold Eya, a Legal Practitioner in the Law Firm of Mogbo and Co, as well as a copy of the proposed Notice of Appeal. </p><p> However, about five weeks after that, a 23-paragraph Further Affidavit sworn to by Chief A.O. Mogboh, SAN, himself was filed. To this later Further Affidavit were exhibited the following documents:-</p><p> (a) A recor…</p>

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