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MRS. COMFORT OGBOGORO v. CHRISTOPHER OMENUWOMA & ANOR

(2004) JELR 45060 (CA)

Court of Appeal  •  CA/B/23M/2003  •  27 Feb 2004  •  Nigeria

Coram
MUHAMMAD SAIFULLAHI MUNTAKA-COOMASSIE JCA; AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA;

Judgement

AUGIE, J.C.A. (Delivering the Leading Ruling): The applicant is praying this court for an enlargement of time, within which to appeal against the judgment of Hon. Justice I.E. Ogbodu, delivered on 22nd July, 2002, in suit No.HCO/5/87: Christopher Omenuwoma v. Comfort Ogbogoro and Mrs. Queen Omenuwoma; for an extension of time within which to file the notice and grounds of appeal against the said judgment. The application is supported by a 20 paragraph affidavit, sworn to by the 1st respondent wherein she deposed to the following facts in paragraphs 2 to 19:

2. That the plaintiff filed suit No. HCO/5/87 against me and his wife as 1st and 2nd defendants respectively, in High Court of Justice, Oleh, in 1987, whereby he claimed damages for detinue.

3. That in my defence, I counter-claimed for forfeiture of plaintiff's vehicle deposited with me as a pledge.

4. That the case went de-novo several times before a warrant was given to Hon. Justice I. E. Ogbodu to hear and determine the case, w…

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