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JOSEPH A. AKINNAWO V. KAYODE KUTEYI

(2016) JELR 41569 (CA)

Court of Appeal  •  CA/B/92/2003(R)  •  22 Jul 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Lead Ruling): In the High Court of Ondo State sitting at Ondo, the Appellant/Applicant claimed against the Respondent a declaration that he is entitled to statutory right of occupancy, damages for trespass and injunction in respect of the land in dispute.

On 30th March, 1995 the lower Court dismissed the Appellant's/Applicant's claim in its entirety.

The Appellant/Applicant appealed to this Court by an initial notice of appeal dated 29th May 1995 but filed on 30th May 1995.

On the 11th April, 2014, the Appellant/Applicant filed an application seeking leave to file and argue additional grounds of appeal, leave to amend the notice of appeal by incorporating grounds 6 and 7 and amending ground 2 particular C, enlargement of time to file appellant's brief of argument and an order deeming as properly filed the amended notice of appeal and appellant's brief.

The application is brought on the ground of change of counsel and the time it took to retrieve…

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