Newsgate Communication LTD & Ors V. Da Bulus Dareng (2016)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment)
The appellants/applicants filed this motion on 4th February, 2016 praying for the following remedies:
?1. An Order granting leave to the appellants/applicants to appeal against the judgment of the Court of Appeal delivered in Appeal No.CA/J/97/2011 and CA/J/97A/2011, on the 30th day of November, 2015 to the Supreme Court on grounds of facts.
- An Order granting leave to the appellants/applicants to appeal against the judgment of the Court of Appeal delivered in Appeal No.CA/J/97/2011 and CA/J/97A/2011, on the 30th day of November, 2015 to the Supreme Court on grounds of mixed law and facts.
- For such order(s) as the Court may deem fit to make in the circumstances.
GROUNDS OF APPLICATION:
(i) The applicants being dissatisfied with the judgment of the High Court in Suit PLD/J/360/2009 lodged an appeal to the Court of Appeal.
(ii) The Court of Appeal having heard arguments from both parties on the appeal, delivered its judgment on the 30th day of November, 2015.
(iii) The Court of Appeal, in its judgment delivered on the 30th
November, 2015 dismissed the appeal of the appellants.
(iv) The applicants being dissatisfied with the decision of this Court of the 30th November, 2015 are desirous of filing an appeal to the Supreme Court against the judgment of the Court of Appeal.
(v) The applicants desire to raise grounds of appeal to the Supreme Court on grounds of law, mixed law and facts, and grounds of facts simpliciter.
(vi) The applicants require the leave of this Court to file an appeal on the grounds sought in this application.
(vii) No new evidence will be required in respect of any of the grounds of appeal for which leave of this Court is being sought.
(viii) The grounds of appeal are arguable and substantial
The decision of the Court of Appeal was rendered on 30th November, 2015. Time to appeal or to seek leave to appeal to the Supreme Court of Nigeria commenced from 31st November, 2015. The appellants had three months within which to have so sought leave to appeal to the Supreme Court under Section 27 of the Supreme Court Act Cap. S15 which provides as follows:
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