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BABA GANA KASHIM v. THE STATE

(2017) JELR 37432 (CA)

Court of Appeal  •  CA/J/177CM/2016(R)  •  30 Mar 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Judgement

ADAMU JAURO, J.C.A. (Delivering the Lead Ruling): The application herein dated 20th June, 2016 and filed on 21st June, 2016 prays for the following reliefs:

a. "AN ORDER setting aside the order of this Honourable Court delivered on 16/6/2016 dismissing Appeal No. CA/J/60C/2015 - BABA GANA KASHIM V. THE STATE.

b. AN ORDER relisting Appeal No. CA/J/60C/2015 BABA GANA KASHIM V. THE STATE.

c. AND For such further order(s) as this Honourable Court may deem fit to make in the circumstances."

The five grounds in support of the application were stated on the face of the motion paper.

The Court directed parties to file written addresses on realizing the novel nature of the application, because the appeal was dismissed on grounds of failure to file appellant's brief, pursuant to Order 18 Rule 10(2) of the Court of Appeal Rules, 2011 Both parties filed in their written addresses as ordered by the Court. The applicant's written address is dated 10th October, 2016 and filed the same date. The responden…

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