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NWEKE & ANOR
V.
ORJI

(1989) JELR 42842 (CA)

Court of Appeal 30 Nov 1989 Nigeria
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- The applicants sought: (a) extension of time to appeal, (b) leave to appeal, (c) orders deeming appeal papers properly filed, (d) permission to rely on further affidavits filed after argument of a motion had commenced, and (e) accelerated

Case Details

Suit Number:CA/E/126M/88
Judges:WALLACE RONALD TISLINGTON MACAULAY Justice of The Court of Appeal of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria
Counsel:A. Onukwube Esq. For Appellant G. E. Ezeuko Esq. For Respondent
Other Citations:Nweke v. Orji (1989) 2 NWLR (Pt.140)

SAMSON ODEMWINGIE UWAIFO, JCA (Delivering the Lead Ruling): This is one of those applications which counsel should refrain from bringing. It achieves nothing but waste of time and money. What is remarkable about it, however, is the important legal procedure it has raised. The applicants seek:

(a) an extension of time within which to appeal against a ruling of the Enugu High Court delivered on 13 July, 1988;

(b) leave to appeal against the ruling;

(c) an order that the notice and grounds of appeal as well as other accompanying papers be deemed properly filed;

(d) an order permitting the appeal to be heard on the documents as compiled by the applicants; and (e) an order for accelerated hearing of the application.

The action brought in the court below is for a declaration that the announcement by which the respondent who is the traditional ruler of Awgu town fixed a date for the celebration of the Ikeji or new yam festival is illegal, unconstitutional, ultra vires, null and void; in addi…

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