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ALHAJI BUSARI MUHAMMED IDOMI (For Himself And On Behalf Of Idomi Family, Ilorin) V. RASHEED ABAYA (For Himself And On Behalf Of Abaya Family) & ORS.

(2021) JELR 109608 (CA)

Court of Appeal  •  CA/IL/59/2020(R)  •  10 Sep 2021  •  Nigeria

Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA


UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling): This is a Motion on Notice filed on 5th February, 2021 praying for the following Orders:-

1. LEAVE of this Honourable Court to raise and argue the issue of incompetence of unsigned motion on notice filed on the 4th April, 2019 at the trial Court, for the first time on appeal.

2. LEAVE of this Honourable Court for the Appellant/Applicant to amend his original Notice of Appeal in line with the proposed amendment.

3. AND for such further or other orders this Honourable Court may deem fit to make in the circumstances.

There are eight (8) Grounds for this application. There is also an Affidavit of fourteen (14) Paragraphs deposed to by one Kamaldeen Salihu Yunus, Esq. The Appellant/Applicant by the order of the Court filed a Written Address also in support of his Motion on Notice.

The 1st and 2nd Respondents filed a Counter-Affidavit of eight (8) Paragraphs with four (4) Exhibits annexed. The 1st and 2nd Respondents also filed a …

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