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RAFIU OGBE v. JIMOH ADUN ADEGBE & ANOR

(2013) JELR 35359 (CA)

Court of Appeal  •  CA/I/160/2004  •  6 Dec 2013  •  Nigeria

Coram
CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA; O. DANIEL- KALIO JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Lead Ruling): This application was brought pursuant to Order 6 Rules 6 and 15, Order 7 Rule 1 and Order 20 Rules 2, 3 and 5 of the Court of Appeal Rules 2011 and under the inherent jurisdiction of the court, seeking the following Orders:

(a) "Setting aside the Order of this Honourable Court dated 12th February, 2013 striking out the Amended Notice of Appeal dated 15th October, 2007.

(b) Relisting the Appeal of the Appellant against the judgment of the High Court of Ogun State Coram B.A. Oguntesi Adio J delivered on 16th February, 2000 for hearing.

AND FOR SUCH FURTHER or other Orders as this Honourable Court may deem fit to make in the circumstances.

GROUNDS FOR THE APPLICATION.

1. "On 12th February, 2013, this Honourable Court struck out the original Notice of Appeal dated 23rd February, 2000 because it was improperly signed by former counsel to the Appellant.

2. On the same day, this Honourable Court also struck out the Amended Notice of Appeā€¦

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