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JONAS ONU v. PIUS ONU

(2013) JELR 35428 (CA)

Court of Appeal  •  CA/OW/73/2012  •  10 May 2013  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; JOHN I. OKORO JCA; HARUNA S. TSAMMANI JCA;

Judgement

UWANI MUSA ABBA AJI (PJ) J.C.A. (Delivering the Leading Judgment): This is an interlocutory appeal against the ruling of the Customary Court of Appeal, Abia State sitting at Umuahia delivered on the 10th November, 2011 wherein the Customary Court of Appeal granted the Respondent leave to appeal and extension of time to file Notice and Grounds of Appeal,

By a motion on notice dated 29th September, 2011 and filed on 4th October, 2011 the Defendant/Applicant now Respondent prayed the Customary Court of Appeal Umuahia seeking the following reliefs:

(1) "an order granting the Defendant/Applicant leave to appeal out of time against the decision of the Customary Court holden at Ebelebe in Suit no. CC/MA/15-16/2001. Jonas Onu v. Pius Onu on the 23rd day of May, 2002.

(2) Extending the time within which the Defendant/Applicant could file Notice of Appeal against the said decision.

The grounds upon which the application was brought were "mistake of Counsel of Applicant and the Applicant's serio…

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