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EZE
V.
EZE

(2010) JELR 47278 (CA)

Court of Appeal 20 Oct 2010 Nigeria
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- The applicant sought leave for extension of time to appeal against the final judgment of the High Court of the Federal Capital Territory delivered on 29 September 2006, having missed the statutory 3-month period provided under Section 24(

Case Details

Suit Number:CA/A/84/M/08
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Counsel:Mike Ugwuanyi For Appellant Nick Ilonuba For Respondent

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): By the application dated the 8/3/2010 and filed on the 11/3/2010, the Applicant seeks from this Court the following reliefs:-

1. AN ORDER OF THIS Honourable Court granting leave to the Applicant for extension of time within which to appeal against the judgment of Hon. Justice Orji Abadua of the High Court of the Federal Capital Territory in Suit No. FCT/HCP/54/05 between Mrs. Antonia Eze and Mr. James Obi Eze delivered on the 29th day of September 2006.

2. AND for such further or other orders as this Honourable Court may deem fit to make in the circumstances of this application."

The grounds upon which the application was based are thus:-

"1. By Section 241(a) of the 1999 Constitution of the Federal Republic of Nigeria, the Applicant has a right of Appeal against the final Judgment of the lower Court within 3 months reckoned from the date of judgment of the lower Court.

2. The Applicant was unable to exercise her consti…

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