WENDE
V.
LONGE & ORS.

(2011) JELR 44596 (CA)    

Court of Appeal  ·  CA/I/141/07 ·  28 Nov 2011 ·  Nigeria
CORAM
KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria
Core Terms Beta
leave of this honourable court
appeal no. ca
order of the court of 25th day
submissions of both learned counsel
3rd respondent
32-paragraph affidavit
judgment of the high court of osun state
court of appeal rules
relist appeal no. ca
final decision
lack of fair hearing
functus officio
honourable court
service of the notice of appeal
lack of jurisdiction
notice of preliminary objection
supreme court
order
first time
37-paragraph counter affidavit
respect of sitting of the court
inherent jurisdiction of the court
applicant
such further order
learned counsel
counsel
superior court
true copy of the order of this court
rule
order of this court
notice
exhibit c
hearing of the application
proper order
case
exhibits
n.o.o. folorunsho esq
own judgment
subject of the appeal
application
point of law
ali vs albashir
exclusive jurisdiction
following cases
supporting affidavit
general rule
counter affidavit
c-e.
court

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Lead Ruling): The appellant/applicant herein filed a motion on notice dated 19/5/2011 and filed on 24/5/2011 seeking the following reliefs:

1. An order for leave of this Honourable Court setting aside the order of the Court of 25th day of June 2009 in Appeal No. CA/I/141/07 between MICHAEL OLUWOLE WENDE and SAMUEL AYO LONGE and ORS.

2. An order for leave of this Honourable Court vacating the order of the court of 25th day of June 2009 in Appeal No. CA/I/141/07 between MICHAEL OLUWOLE WENDE and SAMUEL AYO LONGE and ORS.

3. An order for leave of this Honourable Court to restore and relist Appeal No. CA/I/141/07 between MICHAEL OLUWOLE WENDE and SAMUEL AYO LONGE and ORS to be heard on merit.

And for such further order or orders as this Honourable Court may deem fit to make in the circumstances.

The grounds for the application are as follows:

1. The appeal came up for the first time in this Court on 25th day of June 2009 an…

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