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(2022) JELR 110135 (SC)

Supreme Court 2 Dec 2022 Nigeria
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- Supreme Court granted leave to amend the notice of appeal by adding new grounds, including those of mixed law and fact, as the original notice contained a competent ground of law sufficient to sustain the appeal. - The Court reaffirmed th

Case Details

Suit Number:SC.364/2017(R)
Judges:Kudirat Motonmori Olatokunbo Kekere-Ekun Uwani Musa Abba Aji Helen Moronkeji Ogunwumiju Adamu Jauro Emmanuel Akomaye Agim
Counsel:A. N. Odebe, Esq.For Appellant(s) Mrs. M. A. Essien, SAN, with him, O. U. Ulasi, Esq. and C. C. Chikere

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Lead Ruling): This is a motion on notice brought pursuant to Order 2 Rule 28(1); Order 2(5) & 12(1) of the Supreme Court Rules 1985 and under the inherent jurisdiction of this Court. It seeks the following orders:

1. AN ORDER of this Court granting the Appellant/Applicant leave to Amend its Notice of Appeal dated 29th February, 2016 but filed on 1st March, 2016 by adding additional Grounds of Appeal as per EXHIBIT "B" attached to the affidavit in support of this Motion.

2. AN ORDER of this Court granting the Appellant/ Applicant Leave to file and argue grounds 3-10 of the Grounds of Appeal as contained in the Amended Notice of Appeal dated 5th January, 2021 but filed on 7th January, 2021 which are additional Grounds of Appeal.

3. AN ORDER of this Court granting the Appellant/Applicant leave to file and argue grounds 2-10 of the grounds of appeal as contained in the Amended Notice of Appeal dated 5th January, 2021 but filed on 7th January…

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