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DOMINIC NWANI V. JOSEPH A. BAKARI & ANOR.

(2006) JELR 33626 (CA)

Court of Appeal  •  CA/J/28M/2005  •  26 Oct 2006  •  Nigeria

Coram
IFEYINWA CECILIA NZEAKO JCA; MUHAMMAD LADAN TSAMIYA JCA; AHMAD OLAREWAJU BELGORE JCA;

Judgement

BELGORE, J.C.A. (Delivering the Lead Ruling): The applicant along with the 2nd respondent herein were sued by the 1st respondent herein, claiming a parcel of land situate and lying at Donga Close in Upper Luggere Ward of Jimeta town in the Yola Local Government Area of Adamawa State. The action was instituted at the Yola High Court of Justice in suit No. ADSY/36/92 presided over by B.S. Bansi, C. J., who delivered his judgment on the 16th day of September, 1999. The judgment was in favour of the 1st respondent. By this notice of motion, the applicant is praying for the following reliefs: -

1. Enlargement of time within which to appeal against the judgment delivered on the 16th day of September, 1999 in suit No. ADSY/36/92,

2. Leave to file notice and grounds of appeal against the judgment aforesaid out of time; and

3. Order granting a departure from the rules of the court by permitting the use of the record of appeal compiled and transmitted by the Yola High Court to this court in res…

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