Disable Preloader

CaseLaw

Buremoh V. Akande (2017) CLR 1(c) (SC)

Judgement delivered on January 13th 2017

Brief

  • Cause of action – Limitation law thereon – effect of
  • Jurisdiction – Issue of
  • Fresh point on appeal
  • Interlocutory matters
  • Order 2 Rule 28(1) of the Supreme Court Rules
  • Order 7 Rule 4 of the Supreme Court Rules
  • Order 7 Rule 8 of the Supreme Court Rules

Facts

In the motion filed on 22/4/2015, the appellant/applicant prays for the following:

  • 1
    An Order of this Court extending time within which the appellant/applicant may compile and transmit the record of appeal in this to this Court,
  • 2
    An Order deeming the already compiled and transmitted record of appeal as properly transmitted and served.
  • 3
    An Order of this honourable Court granting leave to the appellant/applicant to raise for the first time before the Supreme Court fresh issue on the application of the Limitation Law to the case of the respondent pursuant to the provision of Kwara State Limitation Law Cap K30, Laws of Kwara State, 2006.
  • 4
    An Order of this honourable Court granting leave to the appellant/applicant to amend his notice of appeal by including the fresh issue on the application of Limitation Law to the case of the respondent Pursuant to the provisions of the Kwara State Limitation Law Cap K30, Laws of Kwara state, 2006 on the one hand and to harmonize and amend all existing grounds of appeal with the inclusion of particulars on the other hands as per the attached Schedule of amendment and proposed Amended Notice of Appeal.
  • 5
    An Order of this honourable Court granting leave to the appellant/applicant to appeal against the decision of the Court of Appeal, Ilorin Division in Appeal No.CA/IL/70/1999 on grounds other than law alone,
  • 6
    And for such further Order(s) as this honourable Court may deem fit to make in the circumstance of this case.
  • 7
    The respondent opposed the motion with a counter affidavit filed on the 2/10/15.

Issues

Whether from facts disclosed in the affidavit in support of this application and...

Read More