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FRN & ORS

(2015) JELR 40671 (CA)

Court of Appeal 30 Apr 2015 Nigeria
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- The case involves a motion on notice filed by the 2nd and 3rd Respondents, seeking to strike out certain paragraphs of the Appellant's Reply brief. - The motion is based on the grounds that the paragraphs in question do not constitute a r

Case Details

Suit Number:CA/L/484/06(R)
Judges:UZO I. NDUKWE-ANYANWU JCA TIJJANI ABUBAKAR JCA YARGATA BYENCHIT NIMPAR JCA
Counsel:Dr. Ladapo Olanipekun with Olabode Olanipekun, Ademola Adesina, M. Oyedele (Mrs.) O. Ononuga (Mrs.) For the Appellant; Rotimi Jacobs (SAN) with Tayo Olukuton for the 1st Respondent; E. O. Sofunde (SAN) with O. Onolodun, C. Ezediaro, Folahun Ajayi for the 2nd & 3rd Respondents/Applicants.

YARGATA BYENCHIT NIMPAR, JCA (Delivering the Lead Ruling): This ruling is predicated upon a motion on notice dated 12/2/15 filed on the same day by the 2nd and 3rd Respondents praying the court for the following:

(i) Pursuant to Order 20 Rule 5(1) of the Court of Appeal Rules and the court's inherent jurisdiction striking out paragraphs 2.1 to 2.4 of the Appellant's Reply brief at pages 1 to 3 dated 11th day of February, 2015 filed on the 11th day of February, 2015 in response to the 2nd and 3rd Respondents Amended Respondents' brief amended the 26th day of January, 2015 and filed on the 26th day of January, 2015.

(ii) Further and in the alternative, pursuant to Section 36(9) of the Constitution of the Federal Republic of Nigeria 1999 and the court's inherent jurisdiction granting them leave to respond orally at the hearing of the appeal or by a written brief to be filed within seven days or as the court may direct on the point taken at paragraphs 2.1 to 2.4 aforesaid;

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