ONYEKWERE
V.
IKURU & ORS.

(2008) JELR 49472 (CA)    

Court of Appeal  ·  CA/PH/EPT/96/2008 ·  24 Nov 2008 ·  Nigeria
CORAM
SAKA ADEYEMI IBIYEYE Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria OLUKAYODE ARIWOOLA Justice of The Court of Appeal of Nigeria GEORGE OLADEINDE SHOREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
application
learned counsel
applicant
appeal
court
order
rule
court of appeal rules
inter alia
notice of appeal
senior counsel
today
6th respondents
abandonment
amended exhibited notice of appeal
antecedent of the appeal
arguments
circumstances
clara bata ogunbiyi
court of appear rules
custodian of stale applications
days
ease of reference
fate
foregoing submissions
honourable court
issues
j. elumeze esq
law
leave of the court
leave of this court
legal proceedings
names
pages
paul adamu galinje
point
prince l.o. fagbemi
provision
record of appeal
retrospect
said day
said order
saka adeyemi ibiyeye
sanction
scope of operation of the above quoted provisions
submissions
such further order
type of approach
view
view of the foregoing

SAKA ADEYEMI IBIYEYE, J.C.A. (Delivering the Leading Judgment): The antecedent of the appeal is that on 21/10/08 it was adjourned to today for definite hearing. The said day has arrived and some five days before today, the appellant filed an application to seek three reliefs which are:

"1. An order granting leave of the court to the appellant/applicant to amend the notice of appeal on pages 564 to 572 of the record of appeal by substituting thereof another notice of appeal;

2. An order that the amended exhibited notice of appeal be deemed as properly filed and served;

3. And for such further order this Honourable Court may deem fit to make it the circumstances. (sic).

The application is supported by a 13 paragraph affidavit. It is important to note that the learned counsel for the appellant/applicant at the last adjournment on 21/10/2008 sought and got leave of this court to strike out the names of the 1st and 6th respondents. It is for ease of reference that the Court retained the nu…

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