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ALHAJI ABDULKADIR BALARABE MUSA V. AUTA HAMZA & ORS

(1982) JELR 41011 (SC)

Supreme Court  •  SC.2/1982  •  24 May 1982  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; MOHAMMED BELLO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC;

Appearances
G. O. K Ajayi, SAN, (with him, O. Ajayi and F. A. Adeoye), For Appellant Dr. M. Odje (with him, Chief M. O. Akpofure) For Respondent

Judgement

G. S. SOWEMIMO, J.S.C.: This is a matter in which counsel has been instructed to appeal. There are rules of the Supreme Court of Nigeria which govern the procedure. No justifiable reason had been given why these rules have not been followed.There is no merit in the application and it is hereby refused with ₦25 costs.

M. BELLO, J.S.C.: I agree there is no merit shown in both applications. No exceptional circumstances shown for extension of time to file the brief and the judgment of the Court of Appeal has not been exhibited for the application to amend and argue additional grounds of appeal. The application is dismissed with ₦25 costs to the respondents.

C. IDIGBE, J.S.C.: I agree that the applications be dismissed. In so far as the prayer for leave to amend ground of appeal is concerned, I find no material on which to base the exercise of my discretion since the judgments which this appeal seeks to challenge have not been exhibited with this application. With reference to the prayer f…

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