GOVERNING COUNCIL INDUSTRIAL TRAINING FUND
V.
CHIJIOKE & ANOR.

(1997) JELR 45845 (CA)    

Court of Appeal  ·  CA/J/97m/97 ·  5 Nov 1997 ·  Nigeria
 · 
Other Citations
Governing Council I.T.F. v. Chijioke (1998) 3 NWLR (Pt.540)
Governing Council I.T.F. v. Chijioke (1998) 3 NWLR (Pt. 540) 170
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria OKWUCHUKWU OPENE Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
application
appeal
record of appeal
original grounds of appeal
discretion
high court
rule
supreme court
applicant
brother oguntade j.c.a.
court of appeal rules
jurisdiction
order
question
additional ground
a. g. bendel state
attorney-general
bendel state
case
case of ezomo v
conclusion
counsel
doubt
file
further grounds of appeal
ground
grounds
instant case
issue
leading judgment
leave of this court
mr. ibrahim hamman
mr. o. b. a. maduabuchi
notice
notice of withdrawal of an appeal
objection
parties
point
preview of the ruling jut
principle
reasoning
reply
respondents
rules
said appeal
tika tore press
transmission
way
whole of the proceedings

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The applicant is the appellant in an appeal arising from Suit No. PLD/J628/96. The application which is for leave of this court to "file and argue further grounds of appeal" had seemed a simple and straightforward one.

But respondents counsel Mr. Ibrahim Hamman took objection to the application on the ground that this court lacked the jurisdiction to entertain it.

He submitted that until an appeal had been entered before this court, we were without the jurisdiction to entertain an application based on the said appeal. Counsel relied on Ezomo v. Attorney-General, Bendel State (1986) 4 NWLR (Pt.36) 448 at 460 and Order 1 rule 22 of the Court of Appeal Rules.

Mr. O. B. A. Maduabuchi for the applicant in reply argued that Order 1 rule 22 had no application until and appeal had been entered.

Order 1 rule 22 of the Court of Appeal Rules provides:

"(22)"After an appeal has been entered and until it has been finally disposed of, the court s…

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