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CHIEF ADENIYI ADEBAYO
V.
OBA CORNELIUS ABIOLA TAIWO & 2 ORS

(2026) JELR 114727 (CA)

Court of Appeal 9 Feb 2026 Nigeria
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- The applicant sought an order to enlarge time and to set aside the Court of Appeal's ruling delivered on 18th October 2022 dismissing Appeal No: CA/IB/236/2017 for want of diligent prosecution, arguing that hearing notice was not served o

Case Details

Suit Number:CA/IB/236/2017(R)
Judges:Kenneth Ikechukwu Amadi, JCA Binta Fatima Zubairu, JCA Fadawu Umaru, JCA
Counsel:Biodun Azeez, Esq. for the Appellant A.G. Adeniran, Esq., with him, Temitope Ogunrinde, Esq. for the Respondents
Location:Ibadan

FADAWU UMARU, J.C.A. (Delivering the Lead Ruling): The applicant by a motion on notice filed before this Court on 27th of December 2024 and brought pursuant to Order 6 Rules 9 and 10 of the Court of Appeal Rules, 2021, sought: 

  1. Enlarge time within which the appellant can seek for an order of Court to set aside the ruling delivered on the 18th October 2022 in respect of Appeal No: CA/IB/236/2017 CHIEF ADENIYI ADEBAYO V CHIEF CORNELIUS TAIWO & 2 ORS. 

  2. Set aside the ruling delivered on the 18th of October 2022 in respect of Appeal No: CA/IB/236/2017 as the appellant was not duly served with the hearing notice notifying him or his counsel of that date which the matter came up for hearing 

    AND for such order or further order as the Honourable Court may deem fit to make in the circumstances.” 

The grounds of the application, as set out in the motion, are as follows: 

  1. This appeal came up on the 18th of October 2022 before this Honourable Court. 

  2. Counsel to the respondent was in Court on that 18th …

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