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(2021) JELR 109469 (CA)

Court of Appeal 2 Dec 2021 Nigeria
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- The applicant sought to set aside the judgment of the Court of Appeal delivered on 10 December 2018 in CA/L/365/2017, on the grounds that the hearing notice was not served on the applicant/counsel, thereby depriving them of their right to

Case Details

Suit Number:CA/L/365/2017(R)
Judges:Joseph Shagbaor Ikyegh, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA
Counsel:S. A. MUSTAPHA For the Appellant; CLIFFORD NWUDE For the Respondent.

ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Lead Ruling): This ruling is in respect of an Application dated the 6th day of May, 2019 and filed 7th May, 2019. The said Application was brought pursuant to Order 20 Rule 5 (2) of the Court of Appeal Rules, 2016 and under the inherent jurisdiction of this Court. The Applicant is praying this Court for the following reliefs to wit:

1. “An ORDER of this Honourable Court setting aside the judgment of this Honourable Court delivered on the 10th December, 2018 coram Honourable Justice Tom Shaibu Yakubu, Honourable Justice Tijjani Abubakar and Honourable Justice Jamilu Yammama Tukur.

2. AN ORDER of this Honourable Court directing the re-hearing of the appeal in Appeal No. CA/L/365/2017.

3. And for such order or other orders as this Honourable Court may deem fit to make in the circumstances of this suit.”

The grounds upon which the Application is made are that:

1. “The Appellant/Applicant vide Appeal No. CA/L/365/2017 appealed against the decision of …

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