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S. N. IBE V. PETER ONUORAH

(2000) JELR 55228 (CA)

Court of Appeal  •  CA/E/16/97 .  •  20 Nov 2000  •  Nigeria

Coram
SULE AREMU OLAGUNJU, JCA (Presided and Read the Lead Ruling) JOHN AFOLABI FABIYI, JCA MUSA DATTIJO MUHAMMAD, JCA

Judgement

OLAGUNJU, JCA (Delivering the Lead Ruling): By a motion filed on 14/1/2000, the applicant, who was the successful party on appeal to the court below, and the respondent in this appeal, is praying this court for an extension of time within which to apply for leave ‘to give respondent’s notice under Order 3 rule 14(2)’ of the Court of Appeal Rules, 1981, and for two other ancillary reliefs. In the respondent’s notice filed separately on the same day, the applicant gave the ground on which he would be urging the court at the hearing of the appeal to affirm the judgment as follows:- “Having regard to the totality of the evidence, the plaintiff/ respondent proved and had better title (to which the law ascribes possession) than the defendant/appellant who, by the material contradiction in his evidence on how he acquired A title to the land in dispute through Exhibit ‘E’, in law proved no title of any nature at all.” Objection was taken to the application by learned Senior Advocate for the…

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