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NIKORO
V.
BURKE

(2004) JELR 53957 (CA)

Court of Appeal 21 Apr 2004 Nigeria
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Case Details

Suit Number:CA/B/192/2001
Judges:AMINA ADAMU AUGIE JCA NWALI SYLVESTER NGWUTA JCA
Counsel:D. O. Anaomuoghanran Esq. - for the Appellant. -*- M. C. Nwosu Esq. - for the Respondent.

MUNTAKA-COOMASSIE JCA (Delivering the Lead Ruling): The A appellant herein who was the plaintiff before the trial court sought some declaration and perpetual injunctions against the defendants, now respondents. Judgment was entered against the appellants herein and in favour of the respondents in this court. Appeal was heard and this court on 19/11/ 2003 reserved judgment. After careful consideration of the appeal, judgment was delivered on Monday 8/12/2003 by Hon. Justice K. B. Akaahs JCA, in which the appeal was dismissed with no order as to costs. The appellant’s counsel appeared stranded and confused, as he could not get the said judgment until 11/2/2004 when he was supplied with aCertified True Copy of the judgment. It appears the applicant was out of time to appeal to the Supreme Court.

Moreover, it will appear that on 31/3/2004, this court was functus officio vis-a-vis the hearing and determination of this application for extension of time to seek leave of this Court to Appe…

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