Customer Support

IDOMI
V.
ABAYA & ORS

(2021) JELR 109608 (CA)

Court of Appeal 10 Sep 2021 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Appellant filed a Motion on Notice seeking leave of the Court of Appeal to raise and argue, for the first time on appeal, the issue of the incompetence of an unsigned Motion on Notice filed at the trial court on 4th April 2019, which

Case Details

Suit Number:CA/IL/59/2020(R)
Judges:Uzo Ifeyinwa Ndukwe-Anyanwu, JCA Ibrahim Shata Bdliya, JCA Misitura Omodere Bolaji-Yusuff, JCA
Counsel:Y. A. KAMALDEEN, ESQ. For the Appellant; M. A. YUSSUF, ESQ. for the 1st and 2nd Respondents; K. O. SABIT, ESQ., with him, A. O. ADEKUNLE, ESQ., N. L. ABUBAKAR, ESQ. and A. Z. ABDULSALAM, ESQ. for the 3rd Respondent.

UZO IFEYINWA NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling): This is a Motion on Notice filed on 5th February, 2021 praying for the following Orders:-

1. LEAVE of this Honourable Court to raise and argue the issue of incompetence of unsigned motion on notice filed on the 4th April, 2019 at the trial Court, for the first time on appeal.

2. LEAVE of this Honourable Court for the Appellant/Applicant to amend his original Notice of Appeal in line with the proposed amendment.

3. AND for such further or other orders this Honourable Court may deem fit to make in the circumstances.

There are eight (8) Grounds for this application. There is also an Affidavit of fourteen (14) Paragraphs deposed to by one Kamaldeen Salihu Yunus, Esq. The Appellant/Applicant by the order of the Court filed a Written Address also in support of his Motion on Notice.

The 1st and 2nd Respondents filed a Counter-Affidavit of eight (8) Paragraphs with four (4) Exhibits annexed. The 1st and 2nd Respondents also filed a …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.