Salisu Dahiru Modomawa V. Salisu Dahiru Modomawa & Ors (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Lead Ruling)

This is the ruling on the motion on notice filed by the applicant on 10/5/2016 praying for the following orders:-

a) An order extending the time within the applicant may apply to this Honorable Court for leave to appeal against the ruling of the High Court of Justice Zamfara State delivered on 22/10/2013 in Suit No ZMS/GS/M.321/2013.

b) An order granting leave to the Applicant to Appeal against the ruling of the High Court of Justice Zamfara State delivered (sic) the 22/10/2013 in Suit No ZMS/GS/M221/2013.

c) An order extending the time within which the Applicant may file his notice and grounds of appeal against the ruling of the High Court of Justice, Zamfara State delivered on the 22/10/2013 in Suit No ZMS/GS/M.221/2013.

d) And for such further or other orders as the Court may deem fit to make in the circumstances.?

The grounds upon which the application is made are set out as follows:

1. The appeal against the ruling was not included in the earlier notice because the ruling of 22/10/2013 was not made part of the earlier record of

1

proceedings compiled.

2. When the record was corrected on the complaint of the applicant, the learned counsel was hospitalized.
3. The issues involved in this case will be effectually and completely determined by the joinder of necessary parties.
4. The inclusion of this grounds of appeal is necessary to the just determination of this case.
5. The interest of justice will be met in the substantive case if this application is entertained.

The motion on notice is supported by 5 paragraphs affidavit. Learned counsel for the applicant Mohammed Adeleke moved the application accordingly and urged the Court to grant it in the interest of justice.

Mr Ogiza for the respondent opposed the application. He submitted that the provision of Order 7 of the Court of Appeal Rules was not complied with, He further argued that the motion on notice ought to have been filed at the lower Court.

I have carefully considered the arguments canvassed by both counsel on behalf of the parties.

This applicant in this application is invoking the provision of Order 7 Rules 2 and 10 of the Court of Appeal Rules.

?For ease of reference I shall capture the provisions of