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JOHN CHUKWUKA & ORS. V. NDUBUEZE GREGORY EZULIKE

(1986) JELR 42657 (SC)

Supreme Court  •  SC.173/1986  •  5 Dec 1986  •  Nigeria

Coram
ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC; BOONYAMIN OLADIRAN KAZEEM JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Chief F.R.A. Williams, SAN (with him Mr. A. Williams) For Appellant Chief G. C. Ezekwe For Respondent

Judgement

ANIAGOLU, J.S.C. (Presiding and Delivering the Leading Ruling): A PRELIMINARY OBJECTION has been taken to the motion on notice of the Defendants who, in their application dated 25th August 1986, are seeking for an order of court granting them the following reliefs:

(i) pursuant to Section 31(4) of the Supreme Court Act for an order for extension of time within which to apply for leave to appeal to this court from the judgment of the Court of Appeal delivered herein on the 26th day of March, 1984;

(ii) pursuant to Section 213(3) of the Constitution of the Federal Republic of Nigeria, 1979, for an order for leave to appeal from the judgment aforementioned on questions other than questions of law alone;

(iii) pursuant to Order 31 rule (1) directing a departure from the requirements of paragraphs (a) and (b) of Order 2 rule 31(2) and of Order 6 rule 2(1)(c) of the Supreme Court Rules, 1985;

(iv) directing the Registrar of the Court of Appeal to correct the defective sentence on p.114 lineโ€ฆ

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