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BIGOURET & ANOR

(2010) JELR 47764 (CA)

Court of Appeal 12 May 2010 Nigeria
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- The Appellant sought leave of the Court of Appeal to file and serve a supplementary brief, following a change of counsel, to address deficiencies in the prior filings and update points of law. - The Respondent opposed the application, arg

Case Details

Suit Number:CA/J/308/2006
Judges:BODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria
Counsel:A. Ojo For Appellant N.A. Evoh For Respondent

BODE RHODES-VIVOUR, J.C.A (Delivering the Leading Ruling): BY Motion on Notice filed on the 12th of January, 2010 and brought under the inherent jurisdiction of the Court, the Appellant/Applicant seeks the following:

1. An order of the Honourable Court granting LEAVE to the Appellant/Applicant to file and serve on the Respondent a supplementary Brief in this appeal.

2. An order deeming the supplementary Brief filed and served in this appeal as properly filed and served.

The application is supported by an 11 paragraph affidavit deposed to by Nurudeen Badmus Esq. a legal practitioner in chambers of Learned Counsel for the Appellant/Applicant Annexed to the affidavit in support are documents marked, (1) Exhibit 'A' Notice of change of counsel (2) supplementary Reply Brief.

Mr. Alfred Uwakwe, the Litigations secretary in chambers of Learned Counsel for the Respondent deposed to 10 paragraph counter-affidavit.

At the hearing of the Motion on Notice on the 27th of April, 2010. Learned Couns…

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