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AGU & ORS.
V.
AYALOGU & ORS.

(1997) JELR 45504 (CA)

Court of Appeal 10 Dec 1997 Nigeria
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Case Details

Suit Number:CA/E/105M1/96
Judges:JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Counsel:Chief A. O. Mogboh, SAN (with him J. N. Edochie, A. I. Ani and C. O. Oragudosi (Mrs) For Appellant S. I. Chime Esq., (with him J. U. Nnaji) For Respondent

JUSTIN THOMPSON AKPABIA, J.C.A. (Delivering the Leading Judgment): This was an application brought pursuant to Order 3 Rule 3 of the Court of Appeal Rules, 1981, as amended and under the inherent jurisdiction of this Court on behalf of the Defendants/Appellants/Applicants for the following orders of this Court:-

"(a) For extension of time within which to apply for leave to appeal against the Ruling of Hon. Justice C. Onyia dated 19th November, 1992.

(b) For leave to appeal against the said ruling.

(c) For extension of time to file the notice and grounds of appeal."

The said application was supported in the first instance by a 13- paragraph affidavit sworn to by Harold Eya, a Legal Practitioner in the Law Firm of Mogbo and Co, as well as a copy of the proposed Notice of Appeal.

However, about five weeks after that, a 23-paragraph Further Affidavit sworn to by Chief A.O. Mogboh, SAN, himself was filed. To this later Further Affidavit were exhibited the following documents:-

(a) A recor…

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