WILKEY
V.
OGIEBEAN

(2003) JELR 50983 (CA)    

Court of Appeal  ·  CA/B/48/97 ·  5 May 2003 ·  Nigeria
CORAM
RABIU DANLAMI MUHAMMAD, JCA (Presided) KUMAI BAYANG AKAAHS, JCA (Read the Lead Ruling)
Core Terms Beta
appeal
court
application
applicant
order
notice of appeal
motion
respondents
grounds of appeal
court of appeal rules
notice
suit no. b
amended motion
extension of time
fresh notice of appeal
original notice
preliminary objection
senior counsel
appeal no. ca
considered view
support of the motion
briefs of argument
competence of the entire appeal
court of appeal act
following cases
following circumstances
fresh appeal
further question
general principle
heading of the motion
high court
judgment of akhigbe
judgment of this court
k.s. okeaya-inneh
lead ruling
motion paper
n3,000.00 costs
original grounds of appeal
outcome of the appeal
proper procedure
r. akere
respect of the high court judgment
said motion
second attempt
supreme court
technical grounds
view of the preliminary objection
whole appeal

AKAAHS, JCA (Delivering the Lead Ruling): This is a second attempt by the applicant to appeal against the judgment of Akhigbe, J. which was delivered on 25/10/95 in Suit No. B/66/90. During the first attempt, the respondents raised preliminary objection to the competence of the entire appeal and this court (coram: Rowland, Ba'aba and Akaahs, JJ.CA) upheld the preliminary objection and in their judgment delivered on 7/2/2001 held that the grounds of appeal were incompetent and this also rendered the issues formulated from the grounds of appeal as incompetent. Consequently, the appeal was struck out with N3,000.00 costs to the respondents. The outcome of the appeal prompted the appellant to file an application dated 19/2/2001 which she sought to amend by filing another motion dated 19/3/ 2001. The heading of the motion dated 19/2/2001 was misleading and the prayers in that motion paper were vague. The application gave the impression that the extension for leave to appeal was against t…

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