(2018) JELR 38980 (CA)    

Court of Appeal  ·  CA/B/327/2011(R) ·  26 Jun 2018 ·  Nigeria
PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
record of appeal
court of appeal rules
notice of appeal
public holidays
senior counsel
appeal no. ca
case of auto import export v
filing of a notice of appeal
government notice no.
lower court
public holiday
supreme court
appellants counter affidavit
federal gazette
federal government
i.t. muhammad
judicial notice of public holidays
last day of the period
legal arguments
legislative powers of the national assembly
lower courts
maximum period of time
moore aseimo abraham adumein
next following day
order of this honourable court
particular act
particular period
philomena mbua ekpe
preceding provisions of this rule
provisions of order
registrar of court
registry of this honourable court
rivers state
rules of this honourable court
said records
senior advocate of nigeria
simple issue
specified period of time
transmission of record of appeal
vacation of the court of appeal

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): By a motion on notice filed on 16/08/2016, the respondents/applicants are seeking:

AN Order of this Honourable Court to dismiss Appeal No. CA/B/327/2011 MR. S.A. OMOROGBE and ORS. V. MICHAEL ENEHIZENA and ORS. for failure to compile and transmit the Record of Appeal within the time prescribed for so doing by the Rules of this Honourable Court.

The respondents/applicants anchored their application on the following two grounds:

1. The appellants/respondents herein instituted this appeal vide a notice of appeal filed on 29th July, 2011 but the record of appeal were transmitted to the registry of this Honourable Court on 9th November, 2011.

2. That the time within which the said records were transmitted is clearly outside the time prescribed for so doing by the Registrar of Court below and/or the appellant/respondent in line with the provisions of Order 8 Rules 1 and 4 of the Court of Appeal Rules 2011; hence this application.…

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