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OYENIYA & ANOR
V.
FAMILUSI

(1999) JELR 43785 (CA)

Court of Appeal 22 Nov 1999 Nigeria
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Case Details

Suit Number:CA/IL/M93/99
Judges:OLUDADE OLADAPO OBADINA Justice of The Court of Appeal of Nigeria PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Court of Appeal of Nigeria
Counsel:J.S. Bamigboye Esq. - (with him, G. Akande) For Appellant Chief S.F. Odeyemi For Respondent
Other Citations:Oyeniya v. Familusi (2000) 1 NWLR (Pt.641), pg. 441 M. S. OYENIYA & ANOR. v. BOLA FAMILUSI

AMAIZU, J.C.A. (Delivering the Lead Ruling): The preliminary objection raised by Chief Odeyemi, of counsel is sequel to a motion on notice brought to this Court by the defendants in the lower court, hereinafter called the applicants, praying the court for the following orders:

"1. Extension of time within which to apply for leave to appeal against the judgment of Orilonise. J. of the High Court of Kwara State sitting at Ilorin delivered on 20th May, 1998.

2. Leave to appeal against the judgment.

3. Extension of time within which the applicants are to file their notice and grounds of appeal against the said judgment of Orilonise J. delivered on 20th May, 1998.

And for such other order(s) as this Honourable Court may deem fit in the circumstance of this application."

The respondent was served with a copy of the application. He reacted by filing a "Notice of Preliminary Objection". It is this "Notice of Preliminary Objection" that is the subject of this ruling. The said notice reads:

"T…

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