MR. Moronfolu Adenowo Ogundehin V. Captain Adeboye Ade Olubowale & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Lead Ruling)

This Ruling pertains to a Motion on Notice, dated and filed on the 2nd day of June, 2014. Therein, the Applicant prayed for the following reliefs:

1. AN ORDER of the Hon. Court enlarging the time within which the Appellant/Applicant may file his Notice of Appeal from the judgment of the High Court Of Ogun State, Ota Judicial Division and which was delivered by the Hon. Justice A. A. Babawale, dated the 21st day of November, 2011; and as per the proposed Notice of Appeal which copy is herewith annexed and marked as Exhibit 4.

GROUNDS

(i) The Defendants/Appellant/Applicant did not file his said Notice of Appeal within the mandatory period stipulated for that purpose.

(ii) In the foregoing circumstances, the Appellant/Applicant requires the mandatory prior leave of this Hon. Court and in terms of Reliefs hereby sought in order to prosecute the valid Appeal.

2. AN ORDER of the Hon. Court enlarging the time within which the Defendant/Appellant/Applicant may file his Notice of Appeal from the post-judgment Ruling of the High Court Of Ogun State and which was delivered by the Hon.

1

Justice A. A. Babawale, dated the 27th day of February, 2013; and as per the proposed Notice of Appeal which copy is herewith annexed and marked as Exhibit 5.

GROUNDS

(i) The Defendant/Appellant/Applicant did not file his said Notice of Appeal within the mandatory period stipulated for that purpose.

(ii) In the foregoing circumstances, the Appellant/Applicant requires the mandatory prior leave of THIS Hon. Court; And in terms of the Reliefs hereby sought in order to prosecute the valid Appeal.

3. AND ORDER of the Hon. Court granting a stay of any, or any further transaction with, or the disposal howsoever of the subject matter of the aforesaid judgment of the Hon. Court (dated 21/09/2011) and pending determination of this Appeal by the Court of Appeal.

GROUNDS

(i) The respondent could dispose of the res presently.

4. AND FOR SUCH further or other order(s) as the Hon. Court may deem fit to make in the circumstances.

The Motion was supported by an Affidavit of 15 Paragraphs to which were annexed some Exhibits marked as Exhibits 1, 2, 3, 4, 5 and 6 respectively. The said Exhibits include the judgment of the Lower Court

2