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(2022) JELR 109150 (SC)

Supreme Court 14 Jan 2022 Nigeria
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- The Appellant/Applicant sought to set aside the Supreme Court’s prior ruling of 27th February 2019, which dismissed Appeal No. SC/694/2014 for want of diligent prosecution, and requested restoration of the appeal to the cause list for hea

Case Details

Suit Number:SC.694/2014(R1)
Judges:Olukayode Ariwoola, JSC John Inyang Okoro, JSC Helen Moronkeji Ogunwumiju, JSC Abdu Aboki, JSC Tijjani Abubakar, JSC
Counsel:CHIEF ARIBISALA, SAN, WITH HIM, MARTIN ALOAH, ESO, M.A. ARIBISALA, ESQ. AND O. ARIBISALA, ESQ. For the Appellant; PROF. J.N.M MBADUGHA, SAN, WITH HIM, LILIAN OGAH, ESQ. AND HEZIKIAH IVOKE, ESQ. For the Respondent.

TIJJANI ABUBAKAR, J.S.C. (Delivering the Lead Ruling): This is a motion on notice filed on the 5th day of November, 2020, brought pursuant to Section 22 of the Supreme Court Act, 1960, Section 36 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and under the inherent jurisdiction of this Court, the application was filed on behalf of the Appellant/Applicant by learned Senior Counsel Aribisala, SAN. In the application, the Appellant/Applicant seeks for the following orders:

1. An order setting aside the ruling of this Honourable Court made on 27th February, 2019 dismissing the Appellant/Applicant's appeal (appeal No. SC/694/2014) for want of diligent prosecution;

2. An order of this Honourable Court restoring the Appellant/Applicant's appeal (appeal No. SC/694/2014) which was dismissed for want of diligent prosecution on 27th February, 2019 to the cause list of this Honourable Court for hearing and determination on the merit.

AND for such further or other orders…

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