SMART OKUNDAYE V. OSADEBAMWEN MOSES
(2013) JELR 35852 (CA)
Court of Appeal
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CA/B/411/2011(R)
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26 Mar 2013
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Nigeria
Coram
HELLEN MORONKEJI OGUNWUMIJU JCA
SIDI DAUDA BAGE JCA
TOM SHAIBU YAKUBU JCA
Appearances
E. U. ETUKUDO For the Appellant;
U.E. BAZUAYE, O.I. USUNOBUN For the Respondent.
Judgement
<p><strong>SIDI DAUDA BAGE, J.C.A (Delivering the Lead Ruling): </strong>On the 18th February, 2013 when this matter was called up for hearing of the Motion on Notice dated and filed 11th April 2012, the learned counsel E.U. Etukudo, Esquire represented the Respondent/Applicant, while O.I. Usunobun Esquire represented the Appellant/Respondent.</p><p> The three (3) reliefs sought on the motion paper are as follows:</p><p> (1) An order granting leave to the Respondent/Appellant to amend his statement of claim contained at page 4, 5 and 6 of the Record of Appeal in the manner formulated and underline in red in the proposed Amended statement of claim annexed to the affidavit in support of this motion as Exhibit A.</p><p> (2) An order enlarging the time within which the Respondent may file Respondents brief of argument annexed as Exhibit B to the affidavit in support of this motion, the time allowed by rules of court having expired.</p><p> (3) An order deeming as properly filed and served the said proposed Amended statement of claim andβ¦</p>