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IKENYE DIKE & ORS V. OBI NZEKA II & ORS.

(1986) JELR 42655 (SC)

Supreme Court  •  SC.172/1984  •  4 Jul 1986  •  Nigeria

Coram
KAYODE ESO JSC MUHAMMADU LAWAL UWAIS JSC DAHUNSI OLUGBEMI COKER JSC SAIDU KAWU JSC CHUKWUDIFU AKUNNE OPUTA JSC

Judgement


OPUTA, J.S.C. (Delivering the Leading Judgment): Before the merits of this appeal were gone into learned counsel for the Appellants, Professor A. B. Kasunmu, S.A.N. argued his Motion praying the Court for the following Orders:-

"1. Extension of time within which to apply for leave to appeal against the judgment of the Court of Appeal holden at Benin and, given on the 29th of March. 1984.

2. Leave to appeal against the same judgment.

3. That the Notice of Appeal dated and filed on the 18th of June 1984 (pp.147-148 of the Record of Appeal) pursuant to the order of the Court of Appeal dated 18/6/84 be deemed to have been properly filed.

4. That the Briefs of argument already filed be deemed to have been properly filed".

The prayers in the above motion became necessary (inspite of the fact that leave to appeal was sought and granted by the Court of Appeal on 18/6/84 and consequent to the grant of the leave the Appellants filed their Notice and Grounds and also their Brief of argument) be…

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