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PRINCE ASHIMIU ISIAKA & ORS v. SAIDI OGUNDIMU & ORS

(2006) JELR 33445 (SC)

Supreme Court  •  SC.381/2001  •  16 Jun 2006  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC; IGNATIUS CHUKWUDI PATS-ACHOLONU JSC; GEORGE ADESOLA OGUNTADE JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): Following the judgment of the Ogun State High Court holden at Abeokuta delivered on the 28th day of May, 1990, the 7th - 12th defendants or 2nd set of defendants (now appellants) by motion dated 19th day of November, 1991 applied to the Court of Appeal, Ibadan, for enlargement or extension of time within which to appeal and to seek leave to appeal, as well as for leave to appeal against the judgment delivered some eighteen months earlier. The application was supported by an affidavit, further and better affidavit, the proposed notice and grounds of appeal as well as the proposed appellants' brief for the appeal should the application succeed. The respondents filed counter-affidavits in opposition.

The motion was taken in the Court of Appeal on 20/9/93 and the ruling was delivered on the same day. The application was refused and dismissed. The court in its ruling concluded on page 179 of the record as follows -

"In the result the applic…

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