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COLITO NIGERIA LIMITED & ANOR v. HONOURABLE JUSTICE TITI DAIBU & ORS

(2018) LPELR-44300(CA)

In The Court of Appeal of Nigeria

On Friday, the 4th day of May, 2018

CA/IL/M.146/2017(R)


Before Their Lordships

CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria

HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria

BOLOUKUROMO MOSES UGO Justice of The Court of Appeal of Nigeria


Between

1. COLITO NIGERIA LIMITED
2. ADEOLA OMOTUNDE, ESQ. - Appellant(s)

AND

1. HONOURABLE JUSTICE TITI DAIBU
2. LANRE DAIBU, ESQ.
3. ATTORNEY GENERAL, KWARA STATE
4. COMMISSIONER FOR MINISTRY OF LANDS AND HOUSING, KWARA STATE - Respondent(s)


Other Citations

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Summary

INTRODUCTION:
This is a Ruling on an Application for Extension of Time. 
FACTS:
By this application brought by way of motion on notice dated the 20th of December, 2017 and filed on the 28/12/2017, the applicants Colito (Nig) Ltd and one other, sought for the following orders:-

1. Extension of time within which to seek leave to appeal against the ruling of Kwara State High Court Ilorin Judicial Division presided over by Honorable Justice M. O Adewara, and delivered on 27th day of February, 2008 in suit NO: KWS/111/06 between: Colito Nig. Ltd. & Anor. Vs. Hon. Justice Titi Daibu & 3 Ors.

2. Leave to appeal against the ruling of Kwara State High Court, Ilorin Judicial Division presided over by Honorable Justice M. O. Adewara in suit No: KWS/111/06 between: Colito Nig. Ltd. & Anor. Vs. Hon. Justice Titi Daibu & 3 Ors.

3. Leave to file, raise and argue grounds containing issues of facts, mixed law and facts in the notice and grounds of appeal against the ruling of Kwara State High Court, Ilorin judicial Division presided over by Honorable Justice M. O. Adewara delivered on 27th February, 2008 in suit No: KWS/111/2006.

???4. Extension of time within which to appeal against the ruling of Kwara State High Court, Ilorin Judicial Division, Presided over by Honorable Justice M. O. Adewara in suit No: KWS/111/06 between: Colito Nig. Ltd. & Anor. Vs. Hon. Justice Titi Daibu & 3 Ors. Delivered on 27th day of February, 2008.

5. Extension/enlargement of time within which to appeal against the judgment of the Kwara State High Court, Ilorin Judicial Division in Suit No: KWS/111/2006 delivered by Honorable Justice M.O. Adewara on 16th March, 2012 between: Colito Nig. Ltd. & Anor. Vs. Hon. Justice Titi Daibu & 3 Ors.

6. An order deeming the Notice and Grounds of appeal against the Ruling of the Kwara State High Court, Ilorin Judicial Division delivered on 27/2/2008 and the Notice and Grounds of appeal against the Judgment of the Kwara State High court delivered on 16/3/2012 both in suit No: KWS/111/2006 Between: Colito Nig. Ltd. & Anor. Vs. Hon. Justice Titi Daibu & 3 Ors, already filed at the Registry of this Honorable Court on 19/06/2015 as properly filed and served.

7. And for such further order(s) at this honorable Court may deem fit to make it the circumstances of this case.

ISSUES:
The Court considered the merit of the application.
DECISION/HELD:
The application was unanimously granted.


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