TIJJANI ABDULLAHI, J.C.A., (Delivering the Lead Ruling): The Applicant who is an Appellant in appeal No. CA/IL/97/M/CA/2009 filed a Motion on notice praying for the following reliefs:
"AN ORDER of this Honourable Court varying it's judgment delivered on Wednesday, 27th of May, 2009 as it relates to its conclusion dismissing the appeal.
2. AND for such further order(s) as this Honourable Court may deem fit to make in the circumstance."
The application is predicated on eight grounds as produced hereunder:
"(1) The main grounds for this appeal border on the failure of the Respondent to seek leave of the Court before proceeding to file court process out of time.
(2) The first and main issue in the Appellant's/Applicant's Brief of Argument equally borders on the failure of the Respondent to seek the leave of the Court before proceeding to file court process out of time.
(3) This Honourable Court in its judgment delivered on 25/5/09 agreed with the Appellant/Applicant on the said main issue…