DIAMOND HOTEL LTD & ANOR
V.
OBIKOYA

(2018) JELR 38668 (CA)    

Court of Appeal  ·  CA/L/801/2016(R) ·  4 May 2018 ·  Nigeria
CORAM
TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appellants
law
applicants
preliminary objection
notice of appeal
mr. a. ola olawunmi
written address
court of appeal rules
dead person
decision of the lower court
notice
sole issue
appellants brief
behalf of the dead party
grounds of facts
learned trial judge
legal personality
may 3rd
proposed amended notice of appeal
support of the notice of preliminary objection
accelerated hearing of the suit
amended notice of appeal
amendment of the applicants notice of appeal
apc vs. inec
appellants brief of argument
c-d
circumstance of this case
complaints of the appellants
death of the 2nd appellant
effectual determination of the appeal
following issue
following reliefs
inherent jurisdiction of this court
law file
lead ruling
learned counsel
leave of this honorable court
name of a dead party
notice of preliminary objection
order of this honorable court
order of this honourable court
order of this honouroble court
paragraph affidavit
s.c
such grounds
support of their motion
trial court
trial courts
valid defendant

TIJJANI ABUBAKAR, J.C.A. (Delivering the Lead Ruling): This is a Motion on Notice brought by the Appellants/Applicants pursuant to Order 6 Rule 15, Order 7 Rule 1 of the Court of Appeal Rules 2011 and under the inherent jurisdiction of this Court, the application was filed on the 29th day of August, 2016. In the Application, The Appellants/Applicants are praying for the following reliefs:

1. AN ORDER of this Honorable Court granting leave to the Applicants to amend its Notice of Appeal dated May 3rd, 2016 against the Ruling of the High Court of Lagos State Coram Emeyo J. delivered on April 21st 2016 (201416 Ruling) in the manner shown in the Schedule of Amendment attached hereto as Exhibit MAG 1. [Sic]

2. AN ORDER of this Honouroble Court extending the time within which the Applicants may seek leave to appeal against the decision of the Lower Court on grounds of facts and/or mixed law and facts contained in Grounds 2, 3 and 4 of the Proposed Amended Notice of Appeal annexed as Exhibit M…

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