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ILIYASU SALE & ORS. V. HAJIYA SAFIYA YAHYA

(1998) JELR 45653 (CA)

Court of Appeal  •  CA/K/268/93  •  18 Mar 1998  •  Nigeria

Coram
JAMES OGENYI OGESE JCA; ATINUKE OMOBONIKE IGE JCA; IBRAHIM TANKO MUHAMMAD JCA;

Judgement

IGE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Kaduna State High Court delivered on 29/7/92 in Suit No. KDH/KAD/72M/92. The ruling was given to an application by the appellants asking for an extension of time within which to appeal against the judgment of the Upper Area Court Daura Road. Kaduna.

In the Upper Area Court the respondent sued the appellants claiming the sum of N387, 187.00 as compensation for the loss of life of her son who died in a motor accident. 1st appellant was the driver of the vehicle involved in the collision while the 2nd appellant was the owner of the vehicle.

On 9/4/92 the Upper Area Court gave judgment in favour of the respondent and awarded her the sum of N387, 187.00 as compensation for the loss of her son against all the 3 appellants. The appellants were dissatisfied with this judgment but they did not appeal against it within 30 days as provided by the law.

The appellants later filed an application dated 23/6/92…

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