ALARO
V.
JIMBA & ORS

(2018) JELR 38843 (CA)    

Court of Appeal  ·  CA/IL/M.16/2018(R) ·  28 Jun 2018 ·  Nigeria
CORAM
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellant
applicant
rule
notice
appeal
judgment of the lower court
transmission of record of appeal
grounds of appeal
honorable court
lower court
10th day of march
1st respondent
decision of the lower court
counter-affidavit
registry of the lower court
respondents appeal
rules of the court
claims of the 1st respondent
mallam ibrahim ayinla jimba
registrar of the lower court
rules of the honorable court
support of the application
application papers
careful consideration
clear days
court file
court of appeal rules
decision of the 10th day of march
entire circumstance of the facts
firm of legal practitioners
good time
inherent jurisdiction of this court
judgment of the kwara state high court
judicious consideration of the facts
law firm of a. r. aminu
lead counsel
lead ruling
manuscript of the learned trial judge
order of court
order of stay of execution
present application
provisions of order
said affidavit
such waiver of compliance
suit no kws
true copy of the judgment of the lower court
unexpected health problems

HAMMA AKAWU BARKA, J.C.A. (Delivering the Lead Ruling): By this motion brought on Notice pursuant to Order 8 Rule 18 (1) of the Court of Appeal Rules 2016 and under the inherent jurisdiction of this Court, the 1st Respondent/applicant prayed for order of Court dismissing the appellant/respondents Appeal in suit No KWS/123/2009 being a judgment of the Kwara State High Court delivered on the 14/12/2016 coram; S. T. Daibu J, for want of diligent prosecution.

The grounds listed in support of the application are that:

i. The judgment of the lower Court appealed against this appeal was delivered on 14/12/2016 wherein the claims of the 1st Respondent/Applicant as the Claimant before the lower Court were granted.

ii. The Applicant/Respondent being dissatisfied with the decision of the lower Court filed his Notice and Grounds of Appeal against the decision of the 10th day of March, 2017.

iii. On the 10th day of March, 2017 the Appellant/Respondent also applied at the Registry of the lower Court fo…

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