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KURA & ORS
V.
YERO & ANOR

(2016) JELR 36972 (CA)

Court of Appeal 7 Mar 2016 Nigeria
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- The appellants filed an application before the Customary Court of Appeal seeking an extension of time to file and serve their Notice of Appeal. - The court dismissed the application as lacking in merit. - The appellants appealed against t

Case Details

Suit Number:CA/K/220/2012
Judges:UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria
Counsel:J. A. Madaki with him, A. S. Othman, S. J. Madaki, K. L. Appah, J. S. Kura For Appellant No appearance for Respondent For Respondent

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA(Delivering the Leading Judgment):

The Appellants in this case filed an application before the Customary Court of Appeal, Kaduna State, dated 24th April 2012, seeking the following reliefs:

a. An order extending the time for the Appellants within which to file and serve their Notice of Appeal.

b. An order deeming the attached proposed Notice of Appeal attached and marked as Exhibit AA as properly filed and served.

c. Such other orders as the honourable Court shall deem fit to make in the circumstances.

The Court, in a Ruling delivered on 31st May 2012, dismissed the application as lacking in merit. Dissatisfied, the Appellants have appealed against the order of dismissal, by a three ground Notice of Appeal dated 11th June 2012. The parties subsequently filed Briefs of Arguments. At the hearing of the appeal on 4/2/16, only the Appellants' Counsel was present, and duly adopted the Appellants' Brief of Argument. The Respondents? Brief was deemed duly argue…

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