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KASHIM
V.
STATE

(2017) JELR 37432 (CA)

Court of Appeal 30 Mar 2017 Nigeria
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- The applicant filed an application to set aside the order of the court dismissing an appeal and to relist the appeal. - The court directed both parties to file written addresses. - The applicant argued that the appeal was dismissed on the

Case Details

Suit Number:CA/J/177CM/2016(R)
Judges:ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria ADAMU JAURO Justice of The Court of Appeal of Nigeria ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU Justice of The Court of Appeal of Nigeria
Counsel:A.A. SANGEI ESQ. FOR THE APPELLANT/APPLICANT with him, A.Y. ISA Miss, H.M. ABDU ESQ., and A.A. MOHAMMED ESQ For Appellant B. BUNDI, ESQ., DDPP BORNO STATE MINISTRY OF JUSTICE with him, A.S. KAIGAMA ESQ., PSC and A.B. ZUBAIR ESQ., SSC For Respondent

ADAMU JAURO, J.C.A. (Delivering the Lead Ruling): The application herein dated 20th June, 2016 and filed on 21st June, 2016 prays for the following reliefs:

a. "AN ORDER setting aside the order of this Honourable Court delivered on 16/6/2016 dismissing Appeal No. CA/J/60C/2015 - BABA GANA KASHIM V. THE STATE.

b. AN ORDER relisting Appeal No. CA/J/60C/2015 BABA GANA KASHIM V. THE STATE.

c. AND For such further order(s) as this Honourable Court may deem fit to make in the circumstances."

The five grounds in support of the application were stated on the face of the motion paper.

The Court directed parties to file written addresses on realizing the novel nature of the application, because the appeal was dismissed on grounds of failure to file appellant's brief, pursuant to Order 18 Rule 10(2) of the Court of Appeal Rules, 2011 Both parties filed in their written addresses as ordered by the Court. The applicant's written address is dated 10th October, 2016 and filed the same date. The responden…

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