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OSALUMHENSE
V.
AGBORO

(2005) JELR 33804 (CA)

Court of Appeal 17 Jun 2005 Nigeria
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- The applicant sought extension of time and leave to appeal against the judgment of the Warri High Court in Suit No. W/136/2004, having missed the initial appeal period due to counsel's inadvertence and delay in transferring the case file.

Case Details

Suit Number:CA/B/266/2004
Judges:AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria
Counsel:A. O. Ainerua For Appellant A. E. Tudje For Respondent
Other Citations:(2005) 16 NWLR (Pt. 951) 204, Osalumhense v. Agboro [2005] 16 NWLR (Pt.951) 204

ABBA AJI, J.C.A. (Delivering the Lead Ruling): By a motion on notice brought pursuant to Order 3 rules 4(1) and (2) of the Rules of this Court, the applicant prayed this court for the following orders:

"(1) Extension of time within which to apply for leave to appeal against the judgment of the Warri High Court in Suit No.W/136/2004;

(2) Leave of this Court to appeal against the said judgment;

(3) Extension of time within which to appeal against the said judgment;

and for such order or other orders as this court may deem fit to make in the circumstances."

The application is supported by a 15-paragraph affidavit deposed to by the applicant himself, Oboh Monday Osalumhense. Arguing the application, Ainerua, Esq. for the appellant relied on the paragraphs of the supporting affidavit and the annextures thereto and urged us to grant the application. He submitted that they have attached several exhibits in support of their application and they have explained the reasons why they are late as…

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