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MR. STEVE DELE OLUWANIYI V. DANIEL AMINCHI BWALA A.G. FEDERATION

(2010) JELR 52669 (CA)

Court of Appeal  •  CA/A/44/M/09  •  10 Mar 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA (Presided) MARY U. PETER-ODILI JCA ABDU ABOKI JCA (Read the Lead Ruling)

Appearances
O. I. Olorundare (SAN) (with him, E. E. Edibo and A. T. Balogun -*- (Miss)) - for the Applicant. -*- Respondents absent and unrepresented.

Judgement

ABOKI JCA (Delivering the Lead Ruling): The applicant brought an application pursuant to sections 6(6)(b), 36 and 234 of the Constitution of the Federal Republic of Nigeria, 1999, seeking the following reliefs: โ€œ(a) An order extending time within which the applicant shall seek leave to appeal against the judgment of his lordship, Hon. O.

Adeniyi of Lugbe High Court as an interested party.

An order granting leave to the applicant to appeal as an interested party to the Court of Appeal against the decision of the trial court delivered on 18 February 2008. An order extending time to the applicant to appeal out of time.

An order setting aside the execution of the judgment of his lordship, Hon. Justice O. A. Adeniyi of Lugbe High Court dated 18 February 2008 and carried out on 29 January 2009. And for such further order or orders as this honourable court may deem fit to make in the circumstances.โ€ The fact of this case is that on 18 February 2008, the lower court delivered a judgment ejectiโ€ฆ

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