(1993) JELR 39984 (CA)    

Court of Appeal  ·  CA/I/4/90 ·  21 Oct 1993 ·  Nigeria
Other Citations
Amogun v. Adesina [1994] 4 NWLR (Pt.339) 503
Amogun v. Adesina (1994) 4 NWLR (Pt. 339) 503
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Core Terms Beta
record of appeal
learned trial judge
learned counsel
10th october
mr. agbaje
senior counsel
court of appeal rules
s.a. oloko j.
7th witnesses
address of counsel
appellate court
following dialogue
mr. sulaiman olalekan agbaje
raufu oloyede aremu
said lawyer
way of motion
adjourned date
attention of alhaji agbaje
behalf of the respondent
case of his client
case of umarco nigeria limited v
case of umarco nigeria ltd v
challenge of record of proceedings
contention of the learned counsel
frivolities of the appellants
given case
hearing of this appeal
high court record
instant appeal
lawyer s.o. agbaje
mr. w.t. adeniji
postulation of agbaje
purported application agbaje
record of the lower court
record shows
relevant portion of the affidavit
respect of evidence
see chambers twentieth century dictionary
sets of affidavits
strong evidence
submission of the learned counsel
such procedure
support of any motion

ISA AYO SALAMI, J.C.A. (Delivering the Lead Ruling): On the day fixed for hearing of this appeal, two counter-affidavits deposed to on behalf of the respondent and the learned trial judge were found in the record. And when the attention of Alhaji Agbaje, S.A.N. was called to them he confirmed that he had filed an affidavit challenging the record of the lower court. This affidavit was nowhere to be found hence the matter had to be stood down for a search to be conducted for the affidavit. The affidavit was eventually found and the hearing commenced in earnest.

In arguing the purported application Agbaje, S.A.N. informed the court that he is not required in a matter of challenging the record to come by way of motion. He contended further that all that is required of him is an affidavit which had been deposed to. He referred to pages 26 lines 15-20 and 29 lines 26-34 which show that the court was aware that the appellant had a plan. He referred us to paragraphs 9 and 10 of the affidavit…

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