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OBOH MONDAY OSALUMHENSE v. PETER AGBORO

(2005) JELR 33804 (CA)

Court of Appeal  •  CA/B/266/2004  •  17 Jun 2005  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; NWALI SYLVESTER NGWUTA JCA; UWANI MUSA ABBA AJI JCA;

Judgement

ABBA AJI, J.C.A. (Delivering the Lead Ruling): By a motion on notice brought pursuant to Order 3 rules 4(1) and (2) of the Rules of this Court, the applicant prayed this court for the following orders:

"(1) Extension of time within which to apply for leave to appeal against the judgment of the Warri High Court in Suit No.W/136/2004;

(2) Leave of this Court to appeal against the said judgment;

(3) Extension of time within which to appeal against the said judgment;

and for such order or other orders as this court may deem fit to make in the circumstances."

The application is supported by a 15-paragraph affidavit deposed to by the applicant himself, Oboh Monday Osalumhense. Arguing the application, Ainerua, Esq. for the appellant relied on the paragraphs of the supporting affidavit and the annextures thereto and urged us to grant the application. He submitted that they have attached several exhibits in support of their application and they have explained the reasons why they are late as…

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