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PRINCE A. SIJUWADE V. ROPO OYEWOLE & ORS.

(2009) JELR 52976 (CA)

Court of Appeal  •  CA/I/EPT/HA/78/08  •  25 Mar 2009  •  Nigeria

Coram
MUSA D. MUHAMMAD JCA (Presided and Read the Lead Ruling) ISTIFANUS THOMAS JCA MODUPE FASANMI JCA

Judgement

MUHAMMAD JCA (Delivering the Lead Ruling): The 1st and 2nd respondents filed and served their notice of preliminary objection challenging the jurisdiction of this court to entertain appeal No. CA/I/HA/78/07 as same had been filed out of the time permitted by the Rules of Court. The facts on which the objection is premised are as contained in the seven (7) paragraph supporting affidavit, paragraphs 3, 4 and 5 of which are hereunder reproduced because of their relevance and for ease of reference:

“3. That the judgment was delivered in this matter on 16 April 2008 by the election petition tribunal sitting at Osogbo, Osun State. Certified true copy of the said judgment is hereby attached and marked exhibit ‘AM1’.

That the notice of appeal was filed on 7 May 2008. A certified true copy of the said notice is hereby attached and marked exhibit ‘AM2’ That the said notice of appeal wasfiled out of thetime permitted by the rules of the court.”

The appellant admits the foregoing facts when in par…

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