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(2021) JELR 106878 (CA)

Court of Appeal  •  CA/C/113/2019  •  24 Feb 2021  •  Nigeria

Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA


MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Akwa Ibom State delivered on 10th January, 2019 dismissing the appellant’s application as well as the appeal in suit NO HU/607/2018.

The appellant as applicant through a motion on notice of 13/3/2018 prayed the lower Court for the followings:-

(1) An Order granting leave to the Applicant/Appellant to compile and transmit the Record of Appeal out of time.

(2) An Order deeming the Record of Appeal already compiled and transmitted as properly filed and served.

In support of the motion on notice was an affidavit of 9 paragraphs. The respondent upon been served also filed a 9 paragraphs counter affidavit. After hearing argument of the learned counsel on both sides and in considered ruling delivered on 10th January, 2019, learned trial Judge refused the application at page 158 of the record of appeal as follows:-

“... I am of the considered view and I so hold that the reasons …

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