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NIGERIAN AIR FORCE CHIEF OF AIR STAFF V. DONATUS FRANKLIN AKUKALIA

(2007) JELR 54050 (CA)

Court of Appeal  •  CA/IL/34/2006  •  14 Mar 2007  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA ( Presided) HELEN MORONKEJI OGUNWUMIJU JCA (Read the Lead Ruling ) IGNATIUS IGWE AGUBE JCA

Judgement

OGUNWUMIJU JCA (Delivering the Lead Ruling): The appellants/ applicants (1) Nigerian Air Force (2) Chief of Air Staff, both seek by a motion on notice dated and filed on 15 December 2006 the following orders from this court. “1. An order of this honourable court extending the time within which the appellants/applicants may seek leave to appeal against the decision of Hon. Justice J.T. Tsoho delivered on 7 October 1999.

An order of this honourable court granting leave to appeal against the said decision of Hon. Justice J.T. Tsoho delivered on 7 October 1999 out of time. An order of this honourable court for an extension of time to file notice of appeal in respect of the decision of Federal High Court, Ilorin delivered on 9 November 2002. 5. An order for stay of execution of the order contained in the ruling of Hon. Justice J.T. Tsoho dated 7 October 1999.” The applicants’ counsel had sworn to an affidavit of 17 paragraphs and a further and better affidavit of 10 paragraphs. Attached t…

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