ABIA STATE UNIVERSITY & ANOR
V.
KALU

(2016) JELR 39695 (CA)    

Court of Appeal  ·  CA/OW/246/2015 ·  9 Nov 2016 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
j.c.a.
motion
mr. uba
appeal
court of appeal practice direction
appellant
appellant reply
appellants brief of argument
application
ayobode olujimi lokulo-sodipe
breach of direction
clear breach of direction
direction
entry
extension of time
final judgment of the court
ground
grounds of appeal
hearing
issues
leading judgment
massoud abdulrahman oredola
moves
mr. ajuzie
order
parties
raphael chikwe agbo
stay of proceedings
trial court
way of an appeal

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): Mr. Uba Withdraws his motion filed on 8-12-15 seeking a stay of proceedings.

Court: Order as prayed. Appellant reply brief filed on 25-1-16 is deemed properly filed.

Mr. Ajuzie: Does not oppose.

Court: Motion filed 8-12-15 by the appellant is struck out.

Mr. Uba: Moves his motion filed on 20-4-16 seeking extension of time to file appellants brief of argument.

Mr. Uba opposes the application on the ground that the appeal has not properly entered as the entry was in breach of Direction 6(b) of the Court of Appeal Practice Direction 2013.

Court: Outside the clear breach of Direction 6(b), it is clear from the grounds of appeal that the issues raised therein are such as can be conveniently determined by way of an appeal arising from the final judgment of the Court below. The parties are to return to the trial Court to conclude the hearing there. This appeal is struck out pursuant to Direction 10(b) of the Court of Appeal Practice Dir…

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