J.O. Ogunremi V. Dr. Adeola Olawale Molajo (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling)

By a motion on notice dated and filed on 4th August, 2011 brought pursuant to Section 36 of the 1999 Constitution of the Federal Republic of Nigeria, Order 7 Rule 1 and Order 7 Rule 10 of the Court of Appeal Rules 2011 and under the inherent jurisdiction of this Court, the Appellant/Applicant sought for the following orders:

?1. An order for an enlargement of time within which to appeal against the final Judgment of the High Court of Lagos State, Ikeja Judicial Division per O.A. Adefope Okojie, J which Judgment was delivered on 22nd March, 2011.

2. Such Further Order and/or other Orders as this Honourable Court may deem fit to make in the circumstances of the Application.”

The motion is supported by;

i) A 12 Paragraph affidavit deposed to by Deji Olabiwonnu, a Legal Practitioner in the firm of Messr. Layi Babatunde, SAN & Co., Solicitors to the Appellant, with Exhibits A and B attached;

ii) 6 Paragraph 1st Further Affidavit deposed to by Joseph Oluranti Ogunremi, the Appellant/Applicant in this case with Exhibit J attached;

iii) A

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4 Paragraph 2nd Further Affidavit deposed to by Lukman Opawoye, a Legal Practitioner in the firm of Messrs. Layi Babatunde, SAN & Co, Solicitors to the Appellant;

iv.) A written address in support of the motion; and

v.) A reply on points of law.

The Respondent filed;

i) A 17 Paragraph counter affidavit deposed to by Dr. Adeola Olawale Molajo, the Respondent in this case, with Exhibits AOM1 and AOM2;

ii) A 5 Paragraph further counter affidavit deposed to by Ogechukwu Enebeli, a Legal Practitioner in the firm of Messrs, E. A. Molajo & Co., solicitors to the Respondent.