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OGUNSANYA
V.
AKANDE

(2010) JELR 33199 (CA)

Court of Appeal 24 Feb 2010 Nigeria
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- The Appellant/Applicant sought to set aside the Court of Appeal’s ruling of 15/06/09, which had dismissed their appeal for failure to file a brief of argument as required under Order 17 Rule 10 of the Court of Appeal Rules, 2007. - The Ap

Case Details

Suit Number:CA/I/217/08
Judges:CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria MODUPE FASANMI Justice of The Court of Appeal of Nigeria
Counsel:F. B. Aladeniyi (Mrs) For Appellant O. Tiwo-Adefokun (Mrs) For Respondent

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): In a motion dated 22nd June, 2009 and filed the same day the applicant prayed for the following relief:

'AN ORDER setting aside the ruling of this Honourable court delivered on 15th June, 2009 in Appeal No: CA/I/217/08.

And for such further order(s) as this Honourable court may deem fit to make in the circumstance.'

The application was supported by a twenty two (22) paragraph; affidavit deposed by Taiwo Lukman a legal practitioner in the chambers of Lana, Aladeniyi and Co, solicitors to the Appellant/Applicant. Attached to the supporting affidavit is Exhibit 'A', a Hearing Notice dated 11th May, 2009, issued in respect of CA/I/217/0B fixing the case for Monday 15th day of June, 2009. Also relied upon is a further affidavit of ten (10) paragraphs. Attached to the further affidavit are Exhibits B and B1, a motion on Notice dated 7/5/09 filed the same day with its supporting affidavit and a receipt for filing, respectively, refe…

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