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DR. JOHN OLUKAYODE FAYEMI V. OLUSEGUN ADEBAYO ONI & 16 ORS.

(2008) JELR 57567 (CA)

Court of Appeal  •  CA/IL/EP/GOV./25/2008  •  28 Nov 2008  •  Nigeria

Coram
OLUFUNLOLA OYELOLA ADEKEYE JCA (Presided) SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Ruling)

Appearances
Yusufu O. Ali SAN (with him, Adeniyi Akintola SAN, Prof. Yemi Osibanjo SAN, Chief Titus O. Ashaolu SAN, Chief Anthony A. Adeniyi, Dr, Wahab Egbewole, Niyi Idowu Esq., K. K. Eleja Esq., -*- Biodun Dada Esq., R.O. Balogun Esq., Tunji Osho Esq., I. K. -*- Olarenwaju Esq., S.A. Aborishade Esq., R.M. Akande (Mrs.); A. -*- Umar Esq., N. N. Adegboye Esq., A. S. Eshola Esq., O.F. Obadiaru (Miss), T. Adigun Esq., and Dapo Akinosun Esq.) - for the Appellant/ Respondent. -*- Otunba Kunle Kalejaye SAN (with him, O. O. Ogungbade, Chief -*- Duro Adeyele, B.T. Olayinka Esq. and T. Onyide Esq.) - for the 1st Respondent/Cross-Appellant/Applicant. -*- Roland Otaru SAN (with him, Chidi Ngwoke Esq.) - for the 2nd - 16th Respondents/Cross-Appellants/Applicants.

Judgement

AGUBE JCA (Delivering the Lead Ruling): On 17 November 2008 when this appeal came up for hearing, the learned counsel for the 1st respondent and the 2nd to 16th respondents drew our attention to the pending motions filed on behalf of their respective clients. For the 1st respondent, A his counsel Dr. Kunle Kalejaye SAN, told the court that he had two motions dated and filed on 14 November 2008. The first was for enlargement of time within which the 1st respondent/applicant may file his respondent’s brief out of time and to deem the brief already filed as duly filed and served.

There was no objection from learned counsel for the appellant and that of the 2nd - 16th respondents - Mallam Yusuf Ali SAN and Roland Otaru SAN respectively. That application was therefore granted and ordered as prayed and Dr. Kalejaye SAN then sought to move the second motion which seeks for:

1. An order extending time within which the 1st respondent/ cross-appellant/applicant may file his cross-appellant’s br…

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