FRANCIS
V.
OSUNKWO

(2000) JELR 50943 (CA)    

Court of Appeal  ·  CA/K/74/97 ·  3 Mar 2000 ·  Nigeria
 · 
Other Citations
Francis v. Osunkwo (2000) 7 NWLR (Pt. 666) 564
CORAM
ISA AYO SALAMI, J.C.A. (Presided) VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.(Read the Lead Judgment) OLUDADE OLADAPO OBADINA, J.C.A
Core Terms Beta
court
appeal
appellant
application
extension of time
respondents
lower court
district court
appellate court
learned judges
appellant’s application
application of the appellant
high court
substantive appeal
appellate jurisdiction
grounds of appeal
printed record
execution costs
ignorance of the law
lead judgment
notice of appeal
trial court
counsel mr. haruna
decision of the district court
district court kaduna
refusal of his application
second issue
appellants appeal
applications of the appellant
applications of the appellants
award of n1000 costs
brief of argument
close of the case
costs of the kaduna district court
court of appeal of nigeria
decision of the trial court
existing appeal
fault of the counsel
following issues
good cause
high court judges
high court of kaduna state
issue number
learned judges t.i. zailani j.
learned judges zailani
question of exercise of jurisdiction
respondents’ counsel
whole decision of the said court

OMAGE, JCA.: (Delivering the Lead Judgment) The matter which culminated in this appeal commenced with a squable over which the plaintiff, now appellant instituted an action against the defendants now respondents in the District Court Kaduna. The Respondents said the action was instituted in 1992, and hearing in the suit in that Court did not start until sometime in November, 1995. In August, 1995 the respondents as defendants counter claimants filed a motion which the court allowed for the defendants to counter claim against the plaintiff. After the exchangeof pleadings, hearing commenced inOctober, 1995 when the plaintiff presented to the District Court Kaduna one witness and further hearing in the suit was adjourned to 20th November, 1995. On that day, the plaintiff was not in Court and the matter again came up on 23rd November, 1995. The

Respondents as defendants counter claimants applied orally for judgment on his counter claim. A judgment of N10,000 was awarded in favour of the …

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