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MAIKANO KURA & ORS v. MOSES YERO & ANOR

(2016) JELR 36972 (CA)

Court of Appeal  •  CA/K/220/2012  •  7 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA(Delivering the Leading Judgment):

The Appellants in this case filed an application before the Customary Court of Appeal, Kaduna State, dated 24th April 2012, seeking the following reliefs:

a. An order extending the time for the Appellants within which to file and serve their Notice of Appeal.

b. An order deeming the attached proposed Notice of Appeal attached and marked as Exhibit AA as properly filed and served.

c. Such other orders as the honourable Court shall deem fit to make in the circumstances.

The Court, in a Ruling delivered on 31st May 2012, dismissed the application as lacking in merit. Dissatisfied, the Appellants have appealed against the order of dismissal, by a three ground Notice of Appeal dated 11th June 2012. The parties subsequently filed Briefs of Arguments. At the hearing of the appeal on 4/2/16, only the Appellants' Counsel was present, and duly adopted the Appellants' Brief of Argument. The Respondents? Brief was deemed duly argue…

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