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NATIONAL HEALTH INSURANCE SCHEME (NHIS)
V.
OGBONNA & ORS

(2024) JELR 112701 (CA)

Court of Appeal 6 Aug 2024 Nigeria
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- The Court of Appeal granted leave to the appellant to amend and file additional grounds of appeal, deeming the amended notice of appeal as properly filed and served; relief for leave to raise a fresh issue was struck out. - Key principle:

Case Details

Suit Number:CA/K/159/M/2021
Judges:ONYEKACHI AJA OTISI, JCA JAMES GAMBO ABUNDAGA, JCA MUSLIM SULE HASSAN, JCA
Counsel:M.I. Abubakar with M.M. Sadauki for the Appellant/Applicant; Dr. Emmanuel V. Nwokerekwu for the 1st and 2nd Respondents; No appearance for the 3rd Respondent, even though served with the hearing notice.
Location:Kaduna

JAMES GAMBO ABUNDAGA, JCA (Delivering the Leading Judgment): By a motion on notice dated and filed on 16/5/2022 the appellant/Applicant prayed the court for the following reliefs: -

  1. AN ORDER granting leave to the Appellant/Applicant to file additional grounds of appeal and to amend the Applicant’s first Notice of Appeal in this Appeal No: CA/K/159/2021 – NATIONAL HEALTH INSURANCE SCHEME (NHIS) v. DR. R. OGBONNA and 2 ORS. dated and filed 21/12/2020 in the terms set out in the Schedule of Amendment of the Notice of Appeal and the underlined portion of the Proposed Amended Notice of Appeal attached hereto as Exhibits 1 and 2 respectively;

  2. AN ORDER granting leave to the Appellant/Applicant to raise a fresh issue not raised before the trial Court as contained in Ground 5 of the Proposed Amended Notice of Appeal;

  3. AN ORDER deeming as properly filed and served, the Appellant/Applicant’s, Amended Notice of Appeal dated 16th May, 2022 clean copies of same having been filed and served separately o…

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