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EDOSA
V.
EHIMWENMA & ORS.

(2012) JELR 47497 (CA)

Court of Appeal 11 Dec 2012 Nigeria
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- The Applicant sought to set aside the Court of Appeal’s order dismissing his appeal (CA/B/231/2009) for failure to file a brief, arguing that conflicting hearing notices from the court led to his absence and subsequent default. - Procedur

Case Details

Suit Number:CA/B/231/2009
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:E. O. Afolabi Esq. For Appellant S. O Eimiuhi Esq. For Respondent

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the leading Judgment): This is an application dated 17/9/2012 filed on 18/9/2012. It is for the following orders:

1. An order extending the time within which court can set aside the order dismissing the Appeal CA/B/231/2009 on 23rd day of February 2011 for failure of the Appellant to file his brief of argument.

2. An order setting aside the order of this Honourable court dismissing the appeal of the Appellant/Applicant in CA/B/231/2009 on the 23rd day of February 2011.

3. An order relisting the Appeal No.CA/B/231/2009 to the cause list for hearing on its merit.

4. An order staying the execution of the judgment of the lower court delivered on 12th day of May 2009 in Suit No. B/378/2001 by Justice E. O. Ahamoje of High Court of Justice, Benin City, Edo State.

5. An order extending the time within which the Appellant/Applicant may file his Brief of Argument the time within which to file same having expired.

6. An order deeming the said Brief…

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