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ALHAJI MOMODU ALABI & ORS. V. KWARA STATE POLYTECHNIC & ANOR.

(2012) JELR 35102 (CA)

Court of Appeal  •  CA/IL/M.9/2007  •  20 Feb 2012  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA G. MBABA JCA; OBANDE F. OGBUINYA JCA;

Judgement

ITA G. MBABA J.C.A. (Delivering the Leading Judgment): Appellants applied as per motion filed on 1/7/2008 for extension of time to assemble and/or compile the Record of Proceedings to be used in this appeal and to deem as property compiled and assembled the Exhibit 'A' which they had assembled and/or compiled for the hearing and determination of their appeal in this case. The application was granted on 18/11/2008 and so the Record of Appeal filed by the Appellants was deemed duly filed on the said 18/11/2008, wherein Appellants' notice and grounds of appeal dated 29/6/2006, were disclosed. Appellants thereafter obtained leave to amend their Notice of Grounds of Appeal, and to raise fresh issue, that was on 9/2/2009 and thereafter, they filed their Abandoned Notice and grounds of Appeal as well as their Brief of arguments on 10/2/2009.

The appeal is against the Ruling of Kwara State High Court in Suit No. KWS/95/2005, delivered on 19/6/2007, by Honourable Justice H.O. Ayayi. In the Rul…

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