(2005) JELR 45311 (CA)    

Court of Appeal  ·  CA/B/176/2003 (R) ·  7 Jul 2005 ·  Nigeria
Other Citations
Bounwe v. R.E.C. Delta State (2006) 1 NWLR (Pt.961)286
Bounwe v. R.E.C. Delta State (2006) 1 NWLR (Pt. 961) 286
RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
electoral act
supreme court
election petition
previous decision
electoral matters
previous decisions
1st schedule
senior counsel
decision of the supreme court
decision of the court
election petitions
practice direction
senior advocate
fair hearing
court of appeal rules
election petition appeals
final court of appeal
final decision
following reliefs
honourable president of the court of appeal
practice of the supreme court
procedure of the federal high court
17-paragraph affidavit
additional grounds of appeal
amended notice of appeal
amendment of processes
bristol aenpearue co. ltd.
determination of rights
existing notice of appeal
express provisions of this act
facts of this case
honourable court
inherent powers of the court
learned counsel
learned silk
national assembly elections
oyo state no
page lead ruling
positions of the parties
procedure of the court of appeal
public policy
purpose of election petition appeals
records of the court
said date

NGWUTA, J.C.A. (Delivering the Leading Judgment): In his motion on notice brought pursuant to Order 3 rules 15 and 16 of the Court of Appeal Rules, the appellant/applicant (hereinafter referred to as the applicant) prayed the court for the following reliefs:

"(1) An order striking out or dismissing the respondents" notice for being unmaintainable.

(2) An order that this Honourable Court depart from its decision in the ruling delivered in this appeal on 15th day of December, 2004, which dismissed the appellant's application to amend the processes filed in this appeal.

(3) An order for leave to amend the existing notice of appeal by substituting a fresh notice of appeal or by filing additional grounds of appeal.

(4) An order for leave to substitute the appellant's brief with a new appellant's brief in this appeal. And for such further order as the court may deem fit to make in the circumstances." The application was predicated on 11 grounds and supported by a 17-paragraph affidavit, a 5…

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