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EDO STATE HOUSE OF ASSEMBLY & ORS v. HON. BLESSING AGBEBAKU

(2018) LPELR-45055(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/231M/2013(R)


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria


Between

1. EDO STATE HOUSE OF ASSEMBLY
2. MR. ANERU BELLO
(CHAIRMAN EDO STATE GOVERNMENT PROPERTIES COMMITTEE)
3. ATTORNEY GENERAL OF EDO STATE - Appellant(s)

AND

HON. BLESSING AGBEBAKU - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This is a Ruling on an Application seeking an Order to set aside Judgment.
FACTS:
This is a ruling in respect of the motion on notice filed by the Applicants on 4/4/18 praying the Court for the following orders:

1. An order of this Court enlarging the time within which the Applicants may apply to set aside the ruling/decision of this Honourable Court delivered on 17/3/2017 in Appeal No CA/E/283M/2013: Edo State House of Assembly & Anor v. Hon. Blessing Agbebaku, dismissing the Applicants' application for leave to appeal against the judgment of the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013, the time allowed by the rules of this Honourable Court having expired.
2. An order setting aside the ruling/decision of this Honourable Court delivered on 17/3/2017 in Appeal No. CA/E/283M/2013: Edo State House of Assembly & Anor v. Hon. Blessing Agbebaku dismissing the Applicant's application for leave to appeal against the judgment of the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013;
3. An order granting leave to the Applicants to appeal against the judgment delivered by the National Industrial Court of Nigeria, Enugu, delivered on 30/1/2013 in NIC/ABJ/68/2012: Hon. Blessing Agbebaku v. Edo State House of Assembly & Anor.
And for such further or other orders as this Honourable Court may deem fit to make in the circumstances of this case.

The motion was supported by an affidavit of 11 paragraphs to which was attached to the judgment of the trial Court delivered on 30/1/13; the ruling of the Court of Appeal refusing to grant leave to appeal on 17/3/17 and the proposed notice of appeal.



ISSUES:
The Court considered the propriety of granting the application.
DECISION/HELD:
In the final analysis, the application was struck out.


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