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(2013) JELR 36102 (SC)

Supreme Court 18 Jan 2013 Nigeria
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- The appellant/applicant filed an application seeking leave to raise and argue new points in the appeal. - The new points arise from grounds 2, 5, and 9 of the amended notice of appeal. - These new points were not raised in either the High

Case Details

Suit Number:SC.240/2009
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Counsel:A. A. Adeniran For Appellant E. O. Sofunde SAN, A. Salau For Respondent

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Lead Ruling): This application was filed on 12/8/2011 by the Appellant/Applicant pursuant to Section 36(6) of the Constitution of the Federal Republic of Nigeria, 1999; Order 2 Rule 31(1) and Order 6 Rule 5(1) of the Supreme Court Rules and under the inherent jurisdiction of this Court. The Applicant prays for the following reliefs, viz:-

1. An order granting leave to the Appellant/Applicant to raise and argue new points arising from grounds 2, 5 and 9 of the Amended Notice of Appeal dated 22nd day of February, 2010 and filed on the 24th of February, 2010 which are issues not raised in either the High Court or Court of Appeal.

2. An order extending the time within which the Appellant/Applicant may file and serve its Appellant's Brief of Argument in this Appeal.

3. An order deeming the Appellant's Brief of argument which has already been filed and served on the Respondent as properly filed and served.

4. Such further order or other orders…

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