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SILAS BOUNWE v. RESIDENT ELECTORAL COMMISSIONER DELTA STATE & ORS

(2005) JELR 45311 (CA)

Court of Appeal  •  CA/B/176/2003 (R)  •  7 Jul 2005  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; PATRICK IBE AMAIZU JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA; UWANI MUSA ABBA-AJI JCA;

Judgement

NGWUTA, J.C.A. (Delivering the Leading Judgment): In his motion on notice brought pursuant to Order 3 rules 15 and 16 of the Court of Appeal Rules, the appellant/applicant (hereinafter referred to as the applicant) prayed the court for the following reliefs:

"(1) An order striking out or dismissing the respondents" notice for being unmaintainable.

(2) An order that this Honourable Court depart from its decision in the ruling delivered in this appeal on 15th day of December, 2004, which dismissed the appellant's application to amend the processes filed in this appeal.

(3) An order for leave to amend the existing notice of appeal by substituting a fresh notice of appeal or by filing additional grounds of appeal.

(4) An order for leave to substitute the appellant's brief with a new appellant's brief in this appeal. And for such further order as the court may deem fit to make in the circumstances." The application was predicated on 11 grounds and supported by a 17-paragraph affidavit, a 5…

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