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ZAKARIYA P. DABUWA V. IFEANYI AKOBUNDU & ANOR

(2017) JELR 37515 (CA)

Court of Appeal  •  CA/J/246/2014(R)  •  12 Jul 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; HABEEB ADEWALE OLUMUYIWA ABIRU JCA;

Appearances
K.U. Usendu Esq, holding the brief of P.A. Bello Esq, For Appellant Adedamola Fanokun Esq , for the 2nd Respondent, 1st Respondent - Absent & Not Represented. For Respondent

Judgement

ADAMU JAURO, J.C.A. (Delivering the Lead Ruling): The unique and peculiar question forming the substratum of this application is whether it is proper to allow the applicant to further amend his pleadings and notice of appeal before the main appeal is heard.

The instant application by motion on notice dated 4th March, 2015 and filed on the 5th March, 2015 the applicant is asking for the following reliefs:

"1. An order granting leave to the Appellant/Applicant to further amend his amended statement of claim in Suit No. BOHC/MG/CV/21/2012, contained at pages 3 to 12 of the record of Appeal in Appeal No. CA/J/246/2014 by adding a new paragraphs 33 (f) (i) and (ii) to the reliefs sought therein in the way and manner underlined in the proposed further amended statement of claim annexed as Exhibit 'A'.

2. An order granting extension of time for the Appellant/Applicant to file 3 additional grounds of Appeal in Appeal No. CA/J/246/2014. Against the Judgment of the High Court of Justice, Borno Sta…

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