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MUHAMMAD JSC (Delivering the Lead Ruling): By its motion on notice dated and filed on 6 July 2015, the respondent/applicant seeks the following:
1. An order striking out grounds 1, 4, 5, 6 and 7 of the grounds of appeal in the notice of appeal in this appeal, being incompetent.
2. An order striking out issues 1, 3, and 4 formulated and argued in the appellant’s brief of argument for being incompetent.
The applicant also seeks such further or other orders as this honourable court may deem fit to make in the circumstances of its application. The application which is brought pursuant to Order 2, rule 28(1) of the Supreme Court Rules and under the inherent jurisdiction of the court has the following grounds:-
“1. Grounds 1, 4, 5, 6 and 7 of the grounds of appeal in the notice of appeal in this appeal are either of mixed law and facts or of facts alone for which the prior leave of the court below or of this honourable court ought to have been sought and obtained.
2. The leave of the court…