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ETERNAL TRUST SAVINGS & LOANS LTD v. PROFESSOR TEKENA NITONYE TAMUNO & ORS.

(2000) JELR 48871 (CA)

Court of Appeal  •  CA/L/223/98  •  24 Jan 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

OGUNTADE, J.C.A. (Delivering the Lead Ruling): On 28th July, 1998 the appellant filed in this appeal a notice of withdrawal of the appeal against all the respondents thereto pursuant to Order 3 rule 18(1) of the Court of Appeal Rules 1981 and under the inherent jurisdiction of the court.

By the present application, the appellant seeks, as it were, to undo that which it did by the notice of withdrawal of the appeal filed on 28th July, 1998. The appellant prays for:

"An order of this Honourable Court granting leave to the applicant herein to withdraw the application for discontinuance dated 24-7 -98".

Under the above prayer, the applicant sets out the grounds for bringing the applications thus:

"Take notice that the ground upon which this prayer is made is that the former counsel handling this matter filed the said application without the authority and consent of the principal partner of the firm.Take further notice that the ground upon which the application is also made is that the saiā€¦

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