AHMED
V.
GOVT OF GOMBE STATE & ORS

(2021) JELR 106991 (CA)

Court of Appeal 17 Mar 2021 Nigeria
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- The case involves a motion on notice filed by the appellant seeking leave to file a further and better counter-affidavit and a further response to the respondents' arguments. - The appellant argues that the respondents are relying on a te

Case Details

Suit Number:CA/G/454/2018(R)
Judges:Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA
Counsel:A. A. Sangei, Esq. with him, S. Mohammed, Esq. For the Appellant; M.I. Abubakar Esq. with him, J.J. Lah Esq., SC Gombe State Ministry of Justice for the 1st and 2nd Respondents; F.Z. Kaatpo, Esq. for the 3rd Respondent.

JUMMAI HANNATU SANKEY, J.C.A. (Delivering The Lead Ruling): This Ruling is predicated upon a Motion on notice filed by the Appellant on 08-12-20. Therein, the Applicant prays for the following reliefs:

a) “Leave to file Further and Better Counter affidavit to the 1st and 2nd Respondents’ affidavit in support of (sic) of 13/1/20 and Further Response to the 1st and 2nd Respondents argument on Ground 1.
b) An Order deeming the clean copies of the Further and Better Counter affidavit to the 1st and 2nd Respondents affidavit in support of (sic) 13/1/2020 and Further Response to the 1st and 2nd Respondents’ argument on Ground 1 as duly filed and served the filing fee having been paid.
c) And for such further order(s) as this Honourable Court may deem fit to make in the circumstances.”

The grounds upon which the application is brought are -

1. “The Appellant’s Counsel was issued with Certified True Copies of the endorsement and return showing that the 1st and 2nd Respondents were served with the …

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