Ilorin South Local Government Area V. Micheal Sunday Afolabi (2002)

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JA’ AFARU MIKA’ILU, J.C.A. 

In this application the applicant prays this court for the following reliefs:

(1) AN ORDER of the Honourable Court extending time for the respondent/applicant to file brief of argument in this case.

(2) AN ORDER of the Honourable Court deeming the respondent’s brief of argument already filed at the court’s registry, the correct filing fees having been paid, as properly filed and served.

(3) AN ORDER admitting exhibits ‘A’ – ‘C’ herein attached to the affidavit, as additional evidence for the

determination of the appeal.

(4) AND for, such further order or order(s) as this Honourable Court may deem fit to make in the circumstances.

In this motion, the learned counsel for the respondent, T. O. S. Gbadeyan, Esq., is not objecting to the grant of prayers (1) and (2).

He is objecting to the grant of prayer (3).

The background of this matter is that a suit No. KWS/113/2000, Michael Sunday Afolabi v. Ilorin East Local Government and 1 Or. was tried under the undefended list procedure by the High Court of Justice of Kwara State, holden at Ilorin, presided over by Hon. Justice F. A. Ojo, Judge.

In that case the plaintiff Michael Sunday Afolabi, now the applicant in this motion, instituted the case against Ilorin East Local Government, Oke-Oyi and Ilorin South Local Government Fufu, claiming a sum of N370,410 (Three Hundred and Seventy Thousand, Four Hundred and Ten Naira only) being outstanding sum of money payable to him by the defendants which they have refused to pay despite various demands and entreaties on them for the said sum.

When the matter came up for hearing, only the 2nd defendant Ilorin South Local Government Area, Fufu, filed its notice of intension to defend with its supporting affidavit. The matter was heard under the undefended list and the judgment was entered in favour of Michael S. Afolabi, the plaintiff, the applicant in this motion. The respondent who was defendant dissatisfied with the decision of the trial court filed an appeal before this court.

The main purpose of prayer (3) is for an order of this court admitting exhibits ‘A’ – ‘C’ attached to the affidavit in support of the motion. The said exhibits are as follows:

A. A local purchase order with which the servicing of tractor and repairs of Steyr 8075 model vehicle tractor registration No.6 KWLG 32 for the sum of N226,4 10.00 on 24/5/94.