(2004) JELR 45091 (CA)    

Court of Appeal  ·  CA/E/154M/2003 ·  6 Apr 2004 ·  Nigeria
Other Citations
Ozueh v. Ezeweputa (2005) 4 NWLR (Pt.915)221
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MONICA BOLN'AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
motion paper
provision of section
allied matters act
consent of the parties
constitution of the federal republic of nigeria
extension of time
further reference
interested persons
constitutional right
court of appeal rules
interested parties
lower court
members of the 1st defendant
proposed grounds of appeal
right of appeal
said application
9th applicants
attached schedule
authority of goni v
behalf of the applicants
behalf of the registered members of the 1st defendant
constitutional rights
decision of the high court of enugu state
exercise of the court
following orders
further document
good reason
good reasons
grounds of appeal
grounds of the application
judgment of high court of enugu state
learned counsel mr. i. e. ogbuli
leave of court sequel
necessity of the trinity prayers
personal interests
prayer c
question of derivative action
registered company
respect of a corporate company
said decision
said learned counsel
subject matter
such right ceases
support of the application
true copy of the proceedings of the court

OGUNBIYI, J.C.A.(Delivering the Lead Ruling): The motion on notice in this application is brought pursuant to sections 242(1) and 243(a) of the 1999 Constitution of the Federal Republic of Nigeria and Order 3 rule 3(3) of the Court of Appeal Rules, 2002 praying for the following orders:

"(a) extension of time within which to apply for leave to appeal and to appeal against the decision of the High Court of Enugu State;

(b) leave to appeal as interested persons against the judgment of High Court of Enugu State delivered on 11th August, 2003;

(c) leave to appeal against a judgment said to be made with the consent of the parties;

(d) extension of time within which to file notice and grounds of appeal.

And for such further and/or other order as to the court may seem fit."

The grounds of the application are contained in the attached schedule.

In support of the application is an affidavit of 19 paragraphs sworn to by Chief Geoffrey Ozueh and chief Afam Ogene, the 1st and 9th applicants respe…

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