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CaseLaw

Adeniji V. Onagoruwa (1994) CLR 8(C) (CA)

Brief

  • Court of Appeal rules and procedures
  • Concurrent jurisdiction of High court and Appeal court

Facts

Appellants filed a motion on notice praying the Court of Appeal for the following orders:

  • a
    "An order directing a departure from the Rules of this Honourable Court by allowing the appeal to be heard on the records compiled by counsel to the Appellants herein and exhibited to the Affidavit of Ayokunle Okesanya dated 17th march, 1992, and thereon marked Exhibit 'A01'.
  • b
    An order abridging the time within which the parties are to file their briefs of argument.
  • c
    An order directing the Chief Registrar of the high Court of Lagos State, to forward forthwith to the Registrar of the Court of Appeal Lagos all originals of Exhibit tendered in Suit No.ID/954/86 for the use of this Honourable court in the determination of the appeal herein.
  • d
    Accelerated hearing of the appeal."

Respondents in return filed a notice of preliminary objection to the motion. The objection was based on the argument that the Court of Appeal lacks the jurisdiction to entertain the motion.

It was argued further that by virtue of Order 1 rule 22 of the Court of Appeal Rules it is when an appeal is entered in the Court of Appeal that the court can assume jurisdiction over the mater, that until an appeal is entered in the Court of Appeal the powers which the court of Appeal can exercise over matters relating the appeal are confined to sections 15, 18 and 25 of the Court of Appeal Act.

Issues

Whether Order 1 rule 22 of the Court of Appeal Rules 1981 is an hindrance to...

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