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CHIEF OF AIR STAFF & ORS. V. FLYING OFFICER OJEIKERE EDWARD & ORS.

(2010) JELR 47794 (CA)

Court of Appeal  •  CA/L/712M/2009  •  29 Apr 2010  •  Nigeria

Coram
PAUL ADAMU GALINJE JCA; IBRAHIM M. MUSA SAULAWA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

HON. JUSTICE PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Ruling): By a motion on notice dated 18th March, 2010 and filed on the 19th March, 2010, the Applicants herein sought for extension of time to appeal against the judgment of Akanbi J. of the Federal High Court Lagos, which was delivered on the 8th of May, 2009.

The motion aforesaid is supported by a ten paragraphs affidavit deposed to by Mr. Donatus Sunday Oluya a legal officer in the Applicants' Directorate of Legal Services Headquarters' Nigerian Airforce. Annexed to the application are the judgment that is sought to be appealed against and the proposed grounds of appeal which are marked exhibits NAF1 and NAF2 respectively.

In reaction to the motion on notice aforesaid, the Respondent filed a counter affidavit of 21 paragraphs on the 7th April, 2010.

When the motion came up for hearing on the 12th of April, 2010, Mr. J.A. Adamu, learned counsel for the Applicants relied on all the paragraphs of the supporting affidavi…

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