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MOHAMMED SALEH
V.
DATTI MOHAMMAD

(2010) JELR 47827 (CA)

Court of Appeal 2 Feb 2010 Nigeria
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Case Details

Suit Number:CA/K/EP/NA/5/08
Judges:MOHAMMED L. GARBA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria THERESA N. ORJI - ABADUA Justice of The Court of Appeal of Nigeria
Counsel:O.I. Habeeb Esq. For Appellant G.A. Alley, EsqC.N. Nwagbo Esq For Respondent

THERESA N. ORJI - ABADUA, J.C.A (Delivering the Leading Judgment): The Appellants/Applicants herein filed a Motion on Notice on the 17th February, 2009 praying this Court or the following orders:-

"1. An order for leave to amend the Notice of Appeal dated 24/12/07 but filed on 27/12/07 by introducing one (1) additional Ground of Appeal arising from the decision of the trial Tribunal sitting in Kaduna and delivered on 14/12/07, namely ground 7 underlined in the proposed Amended Notice of Appeal.

2. An order for leave to raise in this Court for the first time, issue/point not raised in the trial Tribunal being the issue of statute of limitation bordering on the jurisdiction of the Tribunal.

3. An order deeming as properly filed and served the Amended Notice of Appeal incorporating the additional Ground of Appeal No.7, the necessary filing fees having been duly paid."

The said application is pivoted on the grounds that:-

(a) The fresh point/issue sought to be argued with the Leave of th…

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