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CHIEF JOSHUA AFOLABI ATANDAIRO v. KOLA DODO & ORS

(2018) JELR 38639 (CA)

Court of Appeal  •  CA/AK/163M/2015  •  27 Mar 2018  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Lead Ruling): This is a Motion on Notice brought pursuant to Order 7 Rules 1, 2, 6, 7, 10 and 11 of the Court of Appeal Rules, 2011 (as it then was) and under the inherent jurisdiction of this Court.

It prayed for orders numbered a-f and the omnibus prayers contained on the face of the motion papers dated and filed on the 11th of November, 2015.

It bears seven (7) Grounds of Application to wit:

i. There is need to substitute the name of the Claimant who is deceased with the name of Otunba Olawumi Atandairo.

ii. Proceeding of the trial Court on the 9/6/2014 led to miscarriage of Justice in this case.

ii. Appeal was not filed against the interlocutory decision (ruling) delivered by the lower Court on the 16th October, 2014 but now filed along with the final judgment of the Court.

iv. Appellant/Applicant has filed Notice of Appeal against the decision/final judgment of the trial Court.

v. If the Appellant succeed in the appeal, the judgment of th…

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