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MR. FALADE v. JOSEPH OLATUNJI SANGODELE & ORS

(2014) JELR 33094 (CA)

Court of Appeal  •  CA/I/M297/2010  •  13 May 2014  •  Nigeria

Coram
A. ABUBAKAR BABANDI GUMEL JCA; OBIETONBARA DANIEL-KALIO JCA; NONYEREM OKORONKWO JCA;

Judgement

OBIETONBARA DANIEL-KALIO, J.C.A. (Delivering the Lead Ruling): On 2/6/2012 the Applicant filed a Motion in which he sought the following orders of this court.

1. An order of enlargement of time within which the Appellant/Applicant can appeal against the judgment of the High Court of Oyo State in Suit No. I/1074/95 between Joseph Olatunji Sangodele and Anor. (sic) delivered by Hon. Justice W.K. Olaifa of the High Court of Oyo State holden at Ibadan on 29/6/2006.

2. An order deeming the Notice of Appeal against the judgment of the High Court of Oyo State delivered by Hon. Justice W.K. Olaifa in Suit No. 1074/95 filed on the 1st day of November 2010 as properly filed and served.

The grounds for the application were stated in the Motion on Notice. The motion had an affidavit of 21 paragraphs in support.

On 29/4/14, the motion was moved by the applicant's learned counsel Remi Ogundere (Mrs). The learned counsel relied in particular on paragraphs 5 - 18 of the affidavit in support of the Mo…

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