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(2014) JELR 40241 (CA)    

Court of Appeal  ·  CA/AK/113/2012 ·  27 Feb 2014 ·  Nigeria
SOTONYE DENTON WEST Justice of The Court of Appeal of Nigeria MOJEED ADEKUNLE OWOADE Justice of The Court of Appeal of Nigeria CORDELIA IFEOMA JOMBO-OFO Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
limitation law of osun state
learned trial judge
judgment debt
learned counsel
suit no. hil
lower court
final judgment
decision of the learned trial judge
provisions of section
suit hil
term judgment
appellant's counsel
judgment debtor
written address
address of counsel
affidavit evidence
brief of argument of the appellant
construction of section
construction of the provisions of section
failure of the learned trial judge
high court
literal interpretation
rules of osun state
second order
simple interpretation
abuse of the process of the court
affect judgment
appellant reply
declaratory order
document consisting of enrolment of court order
duties of the respondent
helpless law-clerk
ilesha division of the high court of osun state
issue of law
leading judgment
legal opinion
main approached issue no.
order setting aside form
paragraph affidavit
payment of judgment debt
said form
such application file
traditional rights
written address of the appellant

MOJEED ADEKUNLE OWOADE, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of W. O. Akanbi J. in suit No. HIL/M22/88 delivered at the Ilesha Division of the High Court of Osun State on 5th day of July, 2012.

The appellant as applicant in the court below brought an application dated 17/2/2012 and filed on 20/2/2012 under Sections 6(6)(b) and 36(1) of the 1999 Constitution of the Federal Republic of Nigeria, limitation law of Osun State and Order 42 Rule 10 of the High Court (Civil Procedure) Rules of Osun State 2008.

In essence, the appellant as applicant prayed for an order setting aside Form 48 that was issued in this suit on December 7, 2011 and served on the applicant on the ground of invalidity, incompetence and being an abuse of the process of the court.

The application based on six grounds listed in the motion paper was supported by a nine (9) paragraph affidavit to which was attached as Exhibit A, a document consisting of Enrolment of court order in sui…

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