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PLATEAU STATE GOVERNMENT & ANOR v. CHIEF HARRY AKANDE & ANOR(2)

(2014) JELR 36304 (CA)

Court of Appeal  •  CA/A/11A/2013(R2)  •  10 Dec 2014  •  Nigeria

Coram
MOORE A. A. ADUMEIN JCA; TANI YUSUF HASSAN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Lead Ruling): This is an application brought pursuant to Order 7 Rule 2 of the Rules of this court; it is for an order granting leave to the applicants to file and argue a fresh issue on appeal based on the appeal filed on the 6th of November, 2012, against the judgment of Honourable Justice Abdu A. Kafarati of the Federal High Court Abuja, in Suit Number FHC/L/CS/833/2000, delivered on the 2nd day of November, 2012.

The application is based on the following grounds:

1. That the 1st respondent relied on the judgment of the Lagos State High Court delivered on the 9th of November, 1993 in Suit Number: LD/1278/90 in suit number, FHG/L/CS/833/2000 before the lower Federal High Court Abuja, in contravention of Order IV Rule 8 of the judgment (Enforcement) rules enacted pursuant to the Sheriff and Civil Process Act, Cap 407 Laws of the Federation of Nigeria, 1990.

2. That the fresh issue sought to be filed and argued on appeal before the honourable …

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