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GEORGE OFORGU & ANOR V. BOYLE ALLANAH & ORS

(1999) JELR 43594 (CA)

Court of Appeal  •  CA/B/8m/99  •  7 Dec 1999  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; SAKA ADEYEMI IBIYEYE JCA; KUMAI BAYANG AKAAHS JCA;

Appearances
W.O. Ezeanwu For Appellant Chief Olisa Chukwura, SAN (with him, D.F. Tom) For Respondent

Judgement

AKAAHS, J.C.A.: (Delivering the Lead Ruling): The 1st Plaintiff/Applicant brought this application praying for the following orders:-

"(1) An Order granting the 1st Plaintiff/Appellant/Applicant an extension of time within which to seek leave to appeal against the Judgment of the High Court of Delta State, Asaba (Coram: Akoro. J) dated 27th day of May, 1998;

(2) An Order granting the 1st Plaintiff/Appellant/Applicant leave to appeal against the said Judgment dated 27th May, 1998:

(3) An Order granting extension of time within which the 1st Plaintiff/Appellant/Applicant shall file his notice and grounds of appeal against the said Judgment dated 27th day of May, 1998, the statutory period having expired:

(4) And for such further or other Orders as the Court may deem fit to make in the circumstance"

The application is supported with a 14 paragraph affidavit to which was annexed Exhibit "A", the proceedings which took place on 27/5/98 and Exhibit "B" the proposed Notice and Grounds of Ap…

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