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MR. OLUWOLE ALUKO V. SPECTRUM BOOKS LIMITED

(2001) JELR 55296 (CA)

Court of Appeal  •  CA/I/M. 243/2000  •  4 Jul 2001  •  Nigeria

Coram
DALHATU ADAMU, JCA (Presided) FRANCIS FEDODE TABAI, JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA

Judgement

TABAI, JCA (Delivering the Lead Judgment): This ruling is sequel to a A notice of preliminary objection filed by Oluwole Aluko on 11/12/2000. The application was stated to be brought under sections 241(1) and 242(1) of the 1999 Constitution of the Federal Republic of Nigeria. There are six grounds of the application which are supported by a 10-paragraph affidavit. The learned applicant referred to the fact that no evidence had been led on the facts pleaded and that the learned trial Judge only examined the facts as pleaded and came to the conclusion that the issue of fact had been raised against the defendant. It was his submission that since no issue of law has been raised, the purported notice of appeal filed without leave of the High Court was incompetent and invalid. He cited Omoboriowo v. Ajasin (1984) 1 SC 206 at 207 in support of his argument. It was his further contentionthat even if any of the particulars raised an issue of law, the appeal, at best, raised the issue of mi…

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