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HENRY OKOLI & ORS V. THE SURVEYOR-GENERAL ANAMBRA STATE OF NIGERIA

(2002) JELR 46770 (SC)

Supreme Court  •  SC.57/1997  •  26 Apr 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

A. B. WALI, J.S.C. (Delivering the Leading Judgment): By a motion dated 13th November, 1995 the party aggrieved for and on behalf of his Isu community, prayed for the following reliefs:

"1. ENLARGEMENT of time within which to seek leave to appeal from the decision of Ekwerekwu J. delivered herein on 18th September, 1989.

2. ENLARGEMENT of time within which to appeal from the said decision of Ekwerekwu J, delivered on 18th September, 1989.

3. LEAVE to appeal from the said decision of Ekwerekwu J. delivered on 18th September, 1989 as an interested party.

4. LEAVE to file the proposed notice and grounds of appeal attached hereto and marked annexure "A" out of time.

The motion was supported by a proposed notice of appeal containing 3 grounds. On 30th January 1996, Dr. Onyechi Ikpeazu, representing Henry Okoli of Nawfija community and 1st respondent swore to an affidavit and averred in paragraphs 1,2 and 3 as follows:

1. That I am a barrister and solicitor of the Supreme Court of Nigeria,…

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