Sudan Interior Mission V. Chief Stephen Binuyo Adewumi & Anor (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M.B. DONGBAN-MENSEM, J.C.A. (Delivering the Lead Ruling)

The applicant had filed a motion on the 27/05/11 seeking reliefs of this Court as followings:-

1. An order declaring the records of Appeal compiled and transmitted to this honourable court by the registrar of the lower court as incomplete in view of the missing Ruling of the honourable trial Judge delivered on 10/11/04 in respect of the Appellant’s application dated 29/11/04 and 4/11/04.
2. An order affirming that the Honourable trial Judge K. A. Jimoh refused the Appellant’s said application dated 29/11/04 and 4/11/04 in suit No. 1/178/2000 on the ground that he is functus officio and cannot set aside his own order closing the case of the Applicant.
3. An order adopting the Applicant’s Counsel file notes of the ruling of the honourable trial Court annexed as Exhibit B.0.5 as forming part of the records for the purpose of this appeal.
4. An order granting leave to the Appellant/Applicant to amend its Notice of Appeal to reflect an additional ground of Appeal.
5. And for such further order or other orders as this honourable court may deem fit to make in the circumstances.

An affidavit of 16 paragraph was filed, to which were annexed exhibits B01, B02, B03, B04, B05, B06 & B07.

An affidavit challenging the records of appeal compiled and transmitted by the Oyo State High Court, Ibadan was also filed on the 14/04/11. Annexed to the said affidavit are Exhibits 001, 002, 003 & 004.

The motion was argued and reserved for Ruling on 02/10/12. It fell on me to write the lead Ruling in the said motion. In the process of writing the Ruling, it became incumbent on me to peruse page 128 which had been put in focus and on which issues were joined by the parties. I observed that there was no page 128 as so numbered. There was however a page 129 so numbered and bearing the Judgment of the Court. The said page 128 of the records being challenged is hereby reproduced:

“IN THE HIGH COURT OF JUSTICE

OYO STATE OF NIGERIA

IN THE IBADAN JUDICIAL DIVISION

HOLDEN AT IBADAN

BEFORE THE HONOURABLE JUSTICE K. A JIMOH-JUDGE

DELIVERED ON WEDNESDAY THE 10TH DAY OF NOV. 04

BETWEEN:

CHIEF S. B ADEWUMI PLAINTIFF

AND