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ALAWIYE
V.
OGUNSANYA

(2012) JELR 34807 (SC)

Supreme Court 7 Dec 2012 Nigeria
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This case involves an application for various orders, including a stay of execution of a judgment, leave to raise a fresh issue and file an additional ground of appeal on the issue of jurisdiction, and an order granting leave to amend the n

Case Details

Suit Number:SC.229/2007
Judges:CHRISTOPHER MITCHEL CHUKWUMA-ENEH JSC SULEIMAN GALADIMA JSC BODE RHODES-VIVOUR JSC MUSA DATTIJO MUHAMMAD JSC CLARA BATA OGUNBIYI JSC
Counsel:Dr. O. F. Ayeni with A.U.J. Udoh, M.I. Fadipe, F. Ukpe and O. Adeosun For the Appellant; Kehinde Ogunwumiju with Ademola Abimbola & Monisola Oladapo For the Respondent.

CHRISTOPHER MITCHEL CHUKWUMA-ENEH, J.S.C. (Delivering the Lead Ruling): This Notice of Motion is brought firstly under Order 2 Rule 3(1) and (2); Order 6 Rule 2, as well as Order 8 Rules 4, 11, 12 Supreme Court Rules as Amended 1999, and secondly under Sections 22, 24 and 27 Supreme Court Act Cap. 515 Laws of the Federation 2004 and thirdly under section 233(3) -Constitution of the Federal Republic of Nigeria, 1999 (as Amended), praying this Court for the following:

(1) an order staying execution of the Judgment of the Court of Appeal in Appeal No.CA/1/52/97 delivered on 7/7/2033.

(2) an order for leave to raise fresh issue and file an additional ground of Appeal on issue of jurisdiction not raised before the lower court.

(3) an order granting leave to the Appellant/Applicant to amend the Appellants' Notice of Appeal in terms of the proposed Amended Notice of Appeal tendered as Exhibit AFA6 to the affidavit in support of the Notice of Motion in substitution to the Notice of Appeal da…

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