(2003) JELR 44955 (CA)    

Court of Appeal  ·  CA/PH/EPT/230/2003 ·  17 Oct 2003 ·  Nigeria
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
president of the court of appeal
practice direction no.
additional grounds of appeal
following orders
court of appeal act
court of appeal rules
13-paragraph affidavit
practice direction
memorandum of additional grounds of appeal
1st respondent
senior counsel
learned counsel
copy of the said record
chief nwaiwu
particular rule of court
applicant leave
3rd respondents
lead ruling
supreme court
additional ground of appeal
paragraph affidavit
record of appeal
chief justice
body of the application
dr. mbachu
chief nwakanma
provisions of our supreme court rules
common law jurisdictions
legal force
grant of the application
election matter
provisions of the afore
interest of the public
said document
head of any hierarchy of courts
brother aderemi
point of law
supporting affidavit
final analysis
issue practice direction
respondent fails
political parties
16th respondents
present case

P.O. ADEREMI. J.C.A. (Delivering the Lead Ruling): By the application filed on the 2nd of October 2003, the appellant/applicant are praying for the following orders:

i) An order granting the appellant/applicant leave to amend its Notice and Grounds of Appeal by filing 4 additional grounds of appeal as set out in the memorandum of additional grounds of appeal annexed thereto.

ii) An order deeming the memorandum of the proposed additional grounds of appeal as having been duly filed as the additional ground of appeal for this suit.

The 1st respondent was served but was absent.

The application is supported by a 13-paragraph affidavit to which were attached two exhibits i.e. the filing fee receipt and a process headed "Memorandum of Additional Grounds of Appeal." No counter-affidavit was filed. When the application came before us on the 14th of October 2003, Dr. Mbachu, learned counsel for the applicant, in urging us to grant the prayers contained in the body of the application relied on …

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