Alhaji Idrisu Sanni V. Mallam Ahmadu Salihu Bello Agara (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A., (Delivering the Lead Ruling)

The Applicant who is an Appellant in appeal No. CA/IL/97/M/CA/2009 filed a Motion on notice praying for the following reliefs:

“AN ORDER of this Honourable Court varying it’s judgment delivered on Wednesday, 27th of May, 2009 as it relates to its conclusion dismissing the appeal.

2. AND for such further order(s) as this Honourable Court may deem fit to make in the circumstance.”

The application is predicated on eight grounds as produced hereunder:

“(1) The main grounds for this appeal border on the failure of the Respondent to seek leave of the Court before proceeding to file court process out of time.

(2) The first and main issue in the Appellant’s/Applicant’s Brief of Argument equally borders on the failure of the Respondent to seek the leave of the Court before proceeding to file court process out of time.

(3) This Honourable Court in its judgment delivered on 25/5/09 agreed with the Appellant/Applicant on the said main issue and resolved it in favour of the Appellant.

(4) This Honourable Court in its judgment delivered on 25/5/09 agreed with the Appellant/Applicant on the said main issue and resolved it in favour of the Appellant.

(5) This Honourable Court in spite of its finding and resolution of the main issue in favour of the Appellant went ahead to give a final verdict dismissing the appeal

(6) The conclusion albeit final verdict is not in tandem with the findings and resolutions on the main issue.

(7) The error in the said judgment dismissing the appeal is a slip which can be corrected.

(8) A variation of the judgment by giving a verdict of allowing the appeal will give effect to its meaning and intention.

The application is supported by two distinct affidavits; the supporting Affidavit consisting of 13 paragraphs and the further Affidavit dated 16th October and filed on the 9th of October, 2009, consisting of seven paragraphs and attached therewith as exhibit, the judgment of this Court in case No. CA/IL/79/2009 marked Exhibit A.

On the other hand, the Respondent opposed the application and filed a Counter affidavit in support of his opposition consisting of 24 paragraphs. Attached to the application are exhibits (A1 – B2) and (C1 – C6).