judy.legal
Login Register

OBA TIJANI AKINLOYE (Ojomu of Ajiran) v. DALI ADELAKUN

(2000) JELR 44139 (CA)

Court of Appeal  •  CA/L/186/98  •  25 Jan 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; PIUS OLAYIWOLA ADEREMI JCA; IFEYINWA CECILIA NZEAKO JCA;

Judgement

IGE, J.C.A.: (Delivering the Leading Ruling): The Appellant/Applicant filed only one ground of appeal which reads thus:

"1. The learned trial Judge erred in law when he held that Section 38 of the Fundamental Human Rights Provisions in the 1979 Constitution can be enforced against a private person by means of the Fundamental Human Rights Enforcement Procedure Rule.

Particulars of Error:

a. The provisions of the Fundamental Human Rights Enforcement Rules can only be employed against the Government and its agencies.

Further grounds of appeal shall be filed upon receipt of a certified true copy of the Ruling of the lower court."

The Defendant/Applicant has now filed a motion on Notice asking for leave to amend the Notice of appeal dated 8th day of October, 1996 by substituting the proposed amended Notice of appeal annexed to the affidavit in support of this motion. Applicant also wants court to deem the Amended Notice of Appeal a copy of which is attached to the affidavit in support o…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login