ADEWOLE
V.
ADESANOYE

(2003) JELR 51177 (CA)    

Court of Appeal  ·  CA/B/145/2002 ·  20 Jun 2003 ·  Nigeria
CORAM
MUHAMMAD S. MUNTAKA-COOMASSIE, JCA (Presided) KUMAI BAYANG AKAAHS, JCA (Read the Lead Ruling) AMINA ADAMU AUGIE, JCA
Core Terms Beta
application
order
amendment
1st respondent
court
respondents
supreme court
affidavit
counter-affidavit
osemawe of ondo
record of appeal
edict no.
high court
lower court
mr. thompson
original claim
writ of summons
4th respondents
date of the original claim
learned trial judge
opposite party
proposed amendment
senior counsel
substantive appeal
amended claim dates
amended claim of the plaintiff
attorney-general of ondo state
certified copy
court of appeal rules
days of the approval
decision of the high court
first leg of the application
further affidavit
high court of ondo state
inherent jurisdiction of the court
lead ruling
legal effect
mr. a. akanle
muntaka-coomassie
necessary proper legal argument
official stand of the attorney-general of the promulgation
paragraph counter
points of law
purported selection of the 1st defendant
respect of the amended claim
ruling of justice d. e. babalola
said page
selection of the 1st applicant
state government of an oba
suit no. hod

AKAAHS, JCA (Delivering the Lead Ruling): The applicants in this motion are the respondents in the substantive appeal. In their application dated 21/10/2002, filed on the same date, they are asking for leave to raise and argue two points of law which were not taken in the court belownamely:-

That leg (i) of the amended claim of the plaintiff/appellant on page 120 of the record of appeal is statute-barred and consequently leg (ii) cannot be sustained. The legal effect of not pleading and tendering the 1958 Declaration.

The application is brought under Order 6, rules 3(a) and 4(ii) of the Court of Appeal Rules and the inherent jurisdiction of the court. It is supported with an affidavit containing 18 paragraphs and a further affidavit of 12 paragraphs which were deposed to by Taiwo Ogunmoroti and BolaAruleba respectively.

The application is being strenuously opposed and to this end, the appellant in the substantive appeal deposed to a 15 paragraph counter- affidavit to which was annexed …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login