KAYODE ESO Justice of The Supreme Court of Nigeria
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria
SAIDU KAWU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
grounds of appeal
question of law
additional grounds of appeal
grounds of law
learned justices of the court of appeal
matter of law
approach of the court of appeal
court of appeal finds
decision of the learned trial judge
supreme court rules
trial court fails
award of costs
case of edward
decision of the commissioners
facts of any particular case
function of a court of appeal vis
hearing of this application
issue question of law
learned law lord
lower tribunal of the law
mere inference of fact
mr. dapo abudu
mr. kehinde sofola s.a.n.
notice of cross appeal
respect of the cross-appeal
said learned trial judge
set of facts
wrong application of such facts
ESO, J.S.C. (Presiding and Delivering the Leading Judgment): Mr. Kehinde Sofola S.A.N. has applied under Order 8 Rule 2(5) of the Supreme Court Rules 1985 for an order for leave to file and argue six additional grounds of appeal in this case. The six grounds of appeal were all described by learned Senior Advocate as grounds of law. Mr. Sofola's application is dated 12th February 1986.
However, on 13th March 1986, Mr. Dapo Abudu, learned counsel representing the Respondents had filed a notice under Order 2 Rule 9 of the same Rules seeking a preliminary objection to the appeal filed on behalf of the appellants by Mr. Sofola. Mr. Abudu's notice reads as follows: "Take notice that upon the hearing of this application for leave to file and argue additional grounds of appeal, the Respondents shall contend that -
1. The substantive cross-appeal and the motion aforesaid be struck out as being incompetent.
2. That the cross-appeal be dismissed for want of prosecution.
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