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DAVID SYLVESTER INEGBEBOH V. BEN A. OKPERE & ANOR

(2018) JELR 38755 (CA)

Court of Appeal  •  CA/B/336/2016(R)  •  5 Jul 2018  •  Nigeria

Coram
SAMUEL CHUKWUDUMEBI OSEJI JCA; MOORE ASEIMO ABRAHAM ADUMEIN JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Appearances
S.O. AGWINEDE For Appellant P.Y. MUSA with him, C.C.OKPALEKE For Respondent

Judgement

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Lead Ruling): By a motion on notice dated the 23rd day of May, 2018 and filed on the 12th day of June, 2018 the Appellant/Applicant herein prayed this Court for the following orders:-

a) AN ORDER enlarging time within which the Appellant/Applicant can apply to set aside the judgment of this Honourable Court in Appeal No. CA/B/336/2016: DAVID SYLVESTER INEGBEBOH V. BEN A. OKPERE delivered on the 23rd day of March 2018, the fourteen (14) days prescribed by the Rules of this Honourable court having expired.

b) AN ORDER setting aside the said judgment obtained by the Respondent/Respondent in the absence of the Appellant/Applicant.

c) AN ORDER restoring/relisting this appeal for hearing and determination on its merit.

The grounds for the application are as herein below set out:-

a) That the Record of Appeal in this matter was transmitted to this Honourable Court out of time.

b) That we consequently filed motion for enlargement of time to transmit…

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