CORAM

BODEN RHODES-VIVOUR    JUSTICE, SUPREME COURT

MARY UKAEGO PETER- ODILI

PARTIES

DR. SAMUEL U. ISITOR APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

This is an application against a ruling of the Court of Appeal brought by the Applicant/Appellant pursuant to the Supreme Court Act and Rules and the Constitution of the Federal Republic of Nigeria 1999 (as amended) wherein the Applicant/Appellant sought for an order of this Court granting leave and permission to the Applicant/Appellant to raise fresh issues on the failure of the Applicant/Appellant to obtain the prior consent and approval of the Respondent before entering into the subject property and developing same; on the issue whether the Respondent constitutes a person or other legal authority whose consent the Appellant ought to obtain in the process of the alteration or development of the property, on the validity of the affidavit of service which was no supported by the enrolled order of the trial court and that the court lacked jurisdiction. The Applicant/Appellant also sought an order of this Court enlarging and extending the time within which the Appellant will file additional grounds of appeal on mixed law and facts, an order of this Court granting leave to the Applicant/Appellant to file additional grounds of appeal on mixed law and facts amongst other reliefs.

HELD

Application Dismissed

ISSUES

?    Whether the Appellant has placed sufficient materials before the Court upon which the Court could exercise her discretion in granting the orders sought.

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Constitution of the Federal Republic of Nigeria 1999 (as amended)Electoral Act, 2010, as amendedEvidence Act, 2011Supreme Court Act

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