(2018) JELR 38671 (CA)    

Court of Appeal  ·  CA/S/70M/2016(R) ·  12 Jul 2018 ·  Nigeria
HUSSEIN MUKHTAR Justice of The Court of Appeal of Nigeria MUHAMMED LAWAL SHUAIBU Justice of The Court of Appeal of Nigeria FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Core Terms Beta
supporting affidavit
respondent states
notice of appeal
amended notice of appeal
brief of argument
original notice of appeal
further answer
23rd february
23rd june
30th january
additional ground of appeal
birnin kebbi
counter affidavit
grant of this application
supreme court
23rd day of february
amendment of the original notice of appeal
appellant brief of argument
enough plenitude of discretionary powers
frederick oziakpono oho
honourable court
important consideration
judgment of the lower court
lawal shuaibu
lead ruling
lower court
main issue
main issues
order of the court granting leave
paragraph affidavit
prayers of the appellant
purpose of such amendment
record of proceeding
relevant portions of the counter affidavit
responded filed respondent
rules of this court
said counsel
supporting affidavit states
supreme court authority
trial court
virtue of my position

HUSSEIN MUKHTAR, J.C.A. (Delivering the Lead Ruling): The appellant/applicant has filed a motion on notice on 12/2/2018 seeking for the following reliefs:

a. An order of the Court granting leave to the Appellant to file and argue additional ground of Appeal.

b. An order deeming the additional grounds as properly filed and served.

c. An order granting leave to the appellant/Applicant to amend the Notice of Appeal dated and filed on 23rd February, 2015 by incorporating additional ground.

d. An order deeming the appellant/Applicant amended Notice of Appeal in Exhibit B as properly filed and served as a separate process.

e. An order granting leave to the Appellant/Applicant to amend the Appellant brief of argument dated and filed on 23rd June, 2017 in the terms of EXHIBIT C.

f. An order of deeming the Appellant/Applicants amended brief of argument filed on 30th January, 2018 as properly filed on the amended Notice of Appeal.

On the receipt of the motion, the respondent filed a Counter Affidavit …

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