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GABRIEL EMAIKWU ADAH v. JOHN OKO ADAH

(1999) JELR 91603 (CA)

Court of Appeal  •  CA/J/80m/98  •  25 Jan 1999  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE DENNIS ONYEJIFE EDOZIE RABIU DANLAMI MUHAMMAD

Judgement

[JUDGMENT DELIVERED BY MUHAMMAD, J.C.A.]

On the 6th day of May, 1997, this court delivered its judgment in appeal No. CA/J/112/96. Dissatisfied with our decision, the applicant herein appealed to the Supreme Court. His appeal to the Supreme Court was filed within time. On 24th March, 1998, the applicant filed a motion on notice asking for the following relief:

“1. An order granting the appellant/applicant leave to file an additional ground of appeal on mixed law and facts to the Supreme Court.

2. Any other order the Honourable court deems fit to make.”

The motion is supported by a 5 paragraphs affidavit and a further affidavit of seven paragraphs. Mr. Ikpe learned counsel for the applicant relied on the two affidavits and moved in terms of the motion paper and also submitted that since no counter-affidavit was filed, the court should grant the application.

Mr. Osho learned counsel for the respondent opposed the motion. He submitted that this court has no jurisdiction to grant the applicati…

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