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S. N. IBE V. PETER ONUORA

(1996) JELR 33780 (SC)

Supreme Court  •  SC.155/1991  •  13 Dec 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; YEKINI OLAYIWOLA ADIO JSC;

Judgement

BELGORE, J.S.C.(Delivering the Lead Ruling): This motion, asking this court to amend its judgment of 8th day of January, 1996 so as to reflect exactly what the intendment of this court really is. It is brought under Order 2 rule 28(1) and Order 8 rule 16 Supreme Court Rules, and under the inherent jurisdiction of this Court under section 6(6) (a) of the Constitution of the Federal Republic of Nigeria 1979. The motion is supported by affidavit and this affidavit has a counter-affidavit against it. .

The appeal in question No. SC.155/1991, came up on 8th January, 1996 for hearing. The grounds of appeal, six in number, contained at page 204 through to page 209 of the record of proceedings sent from the lower court consisted of nothing but facts even though most were tagged as grounds of law or misdirection. All the grounds needed leave before they could be filed much less argued. Later by an application to Supreme Court leave was granted to argue the grounds. However, when the appeal cam…

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