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CHIEF MICHAEL EMERAH & ANOR v. ADEKUNLE OLADOSUN & ORS

(2011) JELR 33912 (CA)

Court of Appeal  •  CA/L/236M/2009  •  15 Jul 2011  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; HUSSEIN MUKHTAR JCA; MOHAMMED AMBI-USI DANJUMA JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the lead ruling): The motion on notice is dated 27th and filed 31st May 2011 and brought pursuant to order 4 Rule 1 of the Court of Appeal Rules 2010 and seeks the following three reliefs:-

"(i) AN ORDER amending the Notice of Appeal dated 8/8/2008 and deeming the amended Notice of Appeal already filed and served as being properly amended, filed and served on the Respondents the proper fees having been paid.

(i) AN ORDER amending the Brief of Argument filed on 8/7/2009 and deeming the amended Brief of Argument already filed and served as being properly amended, filed and served on the Respondents the proper fees having been paid.

(ii) AN ORDER for leave of the court to raise and argue grounds of appeal on issues not raised and canvassed at the Trial Court

AND for such further or other orders as the Learned court may deem fit to make in the circumstances."

In support of the application are three paragraphs affidavit by the deponent in the person …

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