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OKOH & ORS
V.
NWOBODO & ANOR

(2017) JELR 37814 (CA)

Court of Appeal 20 Jul 2017 Nigeria
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- Appellants filed an application to set aside a ruling/order that dismissed their appeal for failure to file an appellant's brief of argument. - Appellants sought reliefs including an extension of time, setting aside the order of dismissal

Case Details

Suit Number:CA/E/261/2012(R)
Judges:TOM SHAIBU YAKUBU JCA JOSEPH TINE TUR JCA MISITURA OMODERE BOLAJI-YUSUFF JCA
Counsel:Tochukwu Maduka, Esq. with him, I.N. Asogwu, Esq. and R.I. Nkanede, Esq. For the Appellant; Okolo Agu, Esq. with him, Nnonyeloru Ezeah (Miss) For the Respondent.

JOSEPH TINE TUR, J.C.A. (Delivering the Lead Ruling): This application, filed on 6th March, 2017 by the appellants/applicants was argued on 23rd March, 2017. The decision was reserved to be rendered thereafter. The appellants prayed the Court to grant them the reliefs set out on the face of the motion to wit:

1. An order extending the time within which the appellants/applicant may apply to set aside the ruling/order of the Honourable Court made on 23rd January, 2017 dismissing the appellants/applicants appeal, i.e. Appeal No.CA/E/261/2012, Ogbonna Okoh and 2 Ors. v. Emmanuel Nwobodo and Anor. for failure to file appellants brief of argument.

2. An order setting aside the order of this Honourable Court made on 23rd January, 2017 dismissing the appellants/appellants Appeal No.CA/E/261/2012: Ogbonna Okoh and 2 Ors. v. Emmanuel Nwobodo and Anor., for failure to file appellants brief of argument.

3. An order restoring in the Cause List of the Honourable Court the said Appeal No.CA/E/261/2012:…

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