(2017) LPELR-43190(CA)

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1 MOHAMMED & ANOR v. GWARZO & ORS CITATION: In the Court of Appeal In the Kaduna Judicial Division Holden at Kaduna IBRAHIM SHATA BDLIYA ON WEDNESDAY, 10TH MAY, 2017 Suit No: CA/K/114/M/2015(R) Before Their Lordships: OLUDOTUN ADEBOLA ADEFOPE-OKOJIE AMINA AUDI WAMBAI Between 1. ALHAJI AMEEN SULEIMAN MOHAMMED (Representing the Estate of Late Suleiman Mohammed (Deceased) 2. ALHAJI SURAJI GARBA KARAYE And 1. ALHAJI ABUBAKAR MOHAMMED GWARZO 2. DEPUTY SHERIFF, KANO STATE HIGH COURT 3. ALHAJI ADAMU ABUBAKAR 4. ASSURANCE BANK OF NIG. LTD (Formerly Nigerian Arab Bank Ltd) Justice, Court of Appeal Justice, Court of Appeal Justice, Court of Appeal - Applicant(s) RATIO DECIDENDI - Respondent(s)

2 1. APPEAL - EXTENSION/ENLARGEMENT OF TIME TO APPEAL: Conditions to be satisfied by an applicant seeking for extension of time to appeal "As has been decided by a plethora of authorities, an application for enlargement of time within which to appeal is not granted as a matter of course. It is within the discretionary powers of the Court which, as with all discretionary powers, must be exercised judicially and judiciously. The conditions which must exist, for the exercise of the Court's discretion in an applicant's favour and which must be disclosed in a supporting affidavit, are the following: i. Good and substantial reasons for failing to appeal within the prescribed period; and ii. Grounds of appeal which prima facie show good cause why the appeal should be heard. The two conditions must co-exist. It is not sufficient to satisfy one without the other. See Itsueli v Securities and Exchange Commission (2016) 6 NWLR Part 1507 Page 160 at 173 Para A-B per Ogunbiyi JSC; Lafferi (Nig) Ltd V NAL Merchant Bank Plc (2015) 14 NWLR Part 1478 Page 64 at Para E-B; (2015) All FWLR Part 802 Page 1578 at Para F-B per Kekere-Ekun JSC; Adigwe v FRN (2015) 18 NWLR Part 1490 Page 105 at Para C-F per Rhodes-Vivour JSC; Ngere v. Okuruket 'XIV' (2014) 11 NWLR Part 1417 Page 147 at 176 Para D-F per Rhodes-Vivour JSC. In an application for extension of time to appeal, the applicant is expected to give a detailed explanation for the delay to show his entitlement to the Court's discretion. See Ngere v Okuruket 'XIV' Supra at 176 Para F per Rhodes-Vivour JSC. The two conditions, above stated, must be satisfied conjunctively, I hold, the only exception being where the grounds of appeal raise the issue of jurisdiction and it is a strong and arguable point, which can, in consequence, be raised at any stage of the proceedings, even for the first time at the Supreme Court. In this event, it might not be necessary to inquire into the reason for the delay. See Braithwaite v Dalhatu (2016) 13 NWLR Part 1528 Page 32 at Para E-B per Kekere-Ekun JSC; Lafferi (Nig.) Ltd v NAL Merchant Bank PLC (2015) 14 NWLR Part 1478 Page 64 at Para E-B; (2015) All FWLR Part 802 Page 1578 at Para F-B per Kekere-Ekun JSC; Ngere v Okuruket "XIV" (2014) 11 NWLR Part 1417 Page 147 at Para H-A per Rhodes-Vivour JSC."Per ADEFOPE-OKOJIE, J.C.A. (Pp. 9-11, Paras. C-B) - read in context

3 2. JUDGMENT AND ORDER - REVERSAL OF DECISION: Circumstance where the decision of a court may be reversed "...It is also the correct position of the law, as submitted by 1st Respondent's Counsel, that suppression of facts is taken quite seriously by the Courts, which will not hesitate to reverse any orders granted based on the suppression of facts. See Dauphin (Nig) Ltd v Manufacturers Association of Nigeria (2001) All FWLR Part 47 Page 1127 at 1140 Para H per Oguntade JCA (as he then was)."per ADEFOPE-OKOJIE, J.C.A. (P. 16, Paras. A-C) - read in context

4 OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Lead Ruling): The Motion of the Applicants, dated and filed on 13/5/15, seeks the following reliefs: 1. An order granting the Appellants/Applicants extension of time within which to appeal against the Ruling of the Kano State High Court (Coram: Honourable Justice Shehu Atiku) delivered on 7th March, An order of this Honourable Court substituting MAINSTREET BANK LIMITED for the 4th Respondent in this appeal, the said 4th Respondent having been acquired by the Defunct AFRIBANK PLC (now Mainstreet Bank Limited) sometimes in An order deeming the Appellants/Applicants' Notice of Appeal already filed and served as having been properly filed and served, the prescribed fees having been paid. 4. An order directing that the appeal be heard on the basis of the Record of Appeal already compiled and transmitted to this Honourable Court by the lower Court on 5th October, And for such order or further orders as the Honourable Court may deem fit to make in the circumstances. In support of the application is an affidavit deposed to by 1

5 Sabdat I. Abass, Litigation Secretary in the firm of Messrs O.E.B. Offiong & Co. Opposing the application, the 1st Respondent filed a Counter Affidavit deposed to by Adamu Ahmed, Litigation Secretary in the firm of Messrs A.A. Malami, SAN & Co. In response is a Further and Better Affidavit deposed to on behalf of the Applicant by Sunday Anwo Litigation Secretary in the aforesaid firm of Messrs O.E.B. Offiong & Co. In view of the contentious nature of the application, Counsel to the parties were directed to file written addresses. While the Applicants and the 1st Respondent filed Written Addresses, none were filed by the other Respondents. On the date fixed for adoption of Written Addresses, the Applicants and their Counsel were absent. Their Written Address was accordingly deemed duly argued. In the Applicants' Written Address prepared by Chief O.E.B, Offiong (SAN), Dr. G.O.A. Ogunyomi, L.O. Oyewo, M.A, Falana, C.N. Obile, A.A. Akintola, dated 23/2/17 and filed on 24/2/17, the sole issue for determination formulated, is the following: Whether this Honourable Court can grant the application of the Appellants/Applicants as prayed on 2

6 the Motion paper by virtue of the facts and circumstances of this application? The 1st Respondent, in his Written Address dated and filed on the 22nd March 2017, prepared by Messrs Iliya Dauda, Yahaya Sulaiman, Mahmud Abdullahi, Umar Usman of A.A. Malami SAN & Co. formulated, as the sole issue for determination, the following: Whether there is a life issue arising from Suit No. K/347/92 regards being had to the decision of this Honourable Court in Appeal No. CA/K/11/2009 that determined the judicial implication of Suit No. K/347/1992 vis-a-vis Suit No. K258/1993 which appeal determined the contention between the Applicants and Respondents pursuant to an originating summons in Suit No. K/403/07 that interpreted the respective rights of the parties as it relates to their interest over the premises in contention between the parties in the two suits. The Applicants, giving as their reasons for filing this application, stated in their grounds and in their affidavit in support of the application, that, aggrieved with the Ruling delivered by Shehu Atiku J of the Kano State High Court on 7th March 2005, they filed a Notice of Appeal on 9th 3

7 March 2005 in the firm's name of Kayode Olatunji & Co. The Record of Appeal was compiled and transmitted, albeit out of time. Applications to regularize the Record of Appeal were unfortunately struck out by this Court on 18th March 2007 and 21st January The Applicants subsequently briefed the law firm of M.A. Bello & Co, who, discovering that the Notice of Appeal was incompetent, having been filed in the firm's name, Kayode Olatunji & Co, which is not a Legal Practitioner known to law, filed a Motion, dated 23rd March, 2009 to regularize the Applicants' appeal. The application was, however, struck out for lack of diligent prosecution on 7th October The Applicants subsequently briefed the Law Firm of Messrs O.E.B Offiong & Co and who appeared in this Court on 27th November 2013, on which date the proceedings were struck out for lack of diligent prosecution. Being out of time, they thus seek an extension of time to appeal, having already filed a fresh Notice of Appeal, and request for the orders prayed for. The Applicants' Counsel in their Written Address, have pointed out that it would serve no purpose seeking to re-list 4

8 the Notice of Appeal filed by Kayode Olatunji & Co, which Notice, by a plethora of authorities is incompetent, hence the instant application. Citing the cases of Ngere v Okuruket XIV (2014) 11 NWLR Part 1417 Page 147 and Williams v Hope Rising Voluntary Funds Society (1982) 1-2 SC 14, they submitted that the conditions therein stipulated have been fulfilled. Alluding to the reason for the delay, being the inadvertent signing of the processes by the erstwhile Counsel in the name of the firm, occasioning delays in the effort to regularize same, and the subsequent relinquishing of the brief by the said Counsel, it was their submission that these constitute special and exceptional circumstances for the grant of the application. These reasons, Counsel contended, have not been controverted, and should thus be deemed established. Citing the cases of Imegwu v Okolocha (2013) 9 NWLR Part 1359 Page 347 and Bello v A/G Oyo State (1116) (sic) Part 45 Page 828 and Re Adewunmi & Ors (1988) 3 NWLR Part 83 Page 483, he urged that the carelessness and inadvertence of the Applicants' erstwhile Counsel should not be visited on the Applicants. Counsel submitted 5

9 further, relying on the authority of Ngere v Okuruket Supra that the application for extension of time to appeal, being premised on the issue of jurisdiction, should be granted by the Court, whether or not the reasons given for the delay are good. The 1st Respondent, however contends that the present application is seeking to litigate an issue that has been determined by this Court in Appeal No. CA/K/11/2009 which has determined the legal implication of Suit No. K/347/92 vis a vis Suit No. K/258/93 between the same parties, pursuant to the Originating Summons in Suit No. K/403/07. It is thus an abuse of Court process for this issue to be re-litigated through the instrumentality of the present application. Citing cases on principles defining abuse of Court process, they submitted that the present application is an attempt to re-litigate questions on the property at No 39 Ibrahim Umar Street, which constitutes the subject matter of Suit No. K347/92 and which this Court has decided in Appeal No. CA/K/11/09, currently on appeal to the Supreme Court. It was further submitted that the issue of ownership of the land in contention as it relates to the 6

10 Applicants was the subject of the judgment of this Court in CA/K/11/09 arising from the determination of Suits Nos K/347/92 and K/258/93, the decision in respect of which, as aforesaid, is on appeal to the Supreme Court, and which are between the same parties and in respect of the same subject matter, thus constituting an abuse of the Court's process. They accused the Applicants of suppressing facts in their affidavits and hiding the fact that the real reason for the delay in their failure to appeal within time was because of the protracted litigations in the various suits, which facts were brought to the attention of this Court by the 1st Respondent in his affidavit, thereby forcing a disclosure of these facts by the Applicants in their Further and Better Affidavit. The Applicants, not having come to the Court with clean hands and being guilty of suppression of facts, are not deserving of the grant of the application. They cited the case of Chabasaya v Anwasi (2010) All FWLR Part 528 Page 859 and Dauphin Nig. Ltd v M.A.N. (2001) FWLR Part 47 Page The determination of Suit No. K/347/92, they contended, is now no longer a live issue for 7

11 consideration in the instant application for extension of time within which to appeal, having been dealt with in appeal No. CA/K/11/2009 in which the right and interest between the Applicants and the Respondent over the subject matter of this application, was determined pursuant to the Originating Summons filed. It was their further submission that the issues in Suit No. K/347/92 as determined in CA/K/11/09 settled the contention between the Applicants and the 1st Respondent over the property in dispute which is the subject of the contention in K/347/92 over which the Applicants seek an extension of time to appeal. The issue of title over the property, having been settled between the parties and the Applicant ordered to give up possession of the property to the 1st Respondent, this Court is functus officio as relate to Suit K/347/92. He cited the cases of Makinde v Adigun (2010) All FWLR Part 522 Page 1757; Ismaila v Adamu (2010) All FWLR Part 525 Page 365 and Mbakwe v R.M.S. Africa (2001) FWLR Part 59 Page 1355 and Lawal v AG Kwara State (2011) All FWLR Part 590 Page Citing the cases of Yusuf v Adegoke (2007) All FWLR Part 385 Page 384 at 393, they 8

12 submitted that the Applicants are also caught by the doctrine of Res Judicata. I shall adopt, as the sole issue for determination, that raised by the Applicants' Counsel, namely: Whether this Court can grant the application of the Applicants as prayed on the Motion paper by virtue of the facts and circumstances of this application. As has been decided by a plethora of authorities, an application for enlargement of time within which to appeal is not granted as a matter of course. It is within the discretionary powers of the Court which, as with all discretionary powers, must be exercised judicially and judiciously. The conditions which must exist, for the exercise of the Court's discretion in an applicant's favour and which must be disclosed in a supporting affidavit, are the following: i. Good and substantial reasons for failing to appeal within the prescribed period; and ii. Grounds of appeal which prima facie show good cause why the appeal should be heard. The two conditions must co-exist. It is not sufficient to satisfy one without the other. See Itsueli v Securities and Exchange Commission (2016) 6 NWLR 9

13 Part 1507 Page 160 at 173 Para A-B per Ogunbiyi JSC; Lafferi (Nig) Ltd V NAL Merchant Bank Plc (2015) 14 NWLR Part 1478 Page 64 at Para E-B; (2015) All FWLR Part 802 Page 1578 at Para F-B per Kekere-Ekun JSC; Adigwe v FRN (2015) 18 NWLR Part 1490 Page 105 at Para C-F per Rhodes- Vivour JSC; Ngere v. Okuruket XIV (2014) 11 NWLR Part 1417 Page 147 at 176 Para D-F per Rhodes- Vivour JSC. In an application for extension of time to appeal, the applicant is expected to give a detailed explanation for the delay to show his entitlement to the Court's discretion. See Ngere v Okuruket 'XIV' Supra at 176 Para F per Rhodes-Vivour JSC. The two conditions, above stated, must be satisfied conjunctively, I hold, the only exception being where the grounds of appeal raise the issue of jurisdiction and it is a strong and arguable point, which can, in consequence, be raised at any stage of the proceedings, even for the first time at the Supreme Court. In this event, it might not be necessary to inquire into the reason for the delay. See Braithwaite v Dalhatu (2016) 13 NWLR Part 1528 Page 32 at Para E-B per Kekere-Ekun JSC; 10

14 Lafferi (Nig.) Ltd v NAL Merchant Bank PLC (2015) 14 NWLR Part 1478 Page 64 at Para E-B; (2015) All FWLR Part 802 Page 1578 at Para F-B per Kekere-Ekun JSC; Ngere v Okuruket XIV (2014) 11 NWLR Part 1417 Page 147 at Para H-A per Rhodes-Vivour JSC. The facts leading to this application, as culled from processes exhibited by the 1st Respondent's Counter Affidavit and from admissions made in the Further and Better Affidavit of the Applicants, show a labyrinth of convoluted occurrences. The genesis of this imbroglio stems from Suit No. K/347/92 instituted by Nigerian Arab Bank against one Alhaji Musa Adamu before the Kano State High Court, in respect of an overdraft facility that stood at N109, This facility was secured by a Legal Mortgage over properties, one of which properties, 93 Ibrahim Umar Street, Gyadi Gyadi, Kano, covered by C of O LKN/RES/RC/82/1750, constitutes the subject matter of this suit. The suit was determined in favour of the Plaintiff therein on the 27th November 1992 against the said Musa Adamu by Hon. Justice Shehu Atiku and the property in dispute was sold to the 1st Respondent 11

15 herein by the Deputy Sheriff (2nd Respondent), pursuant to an application for leave by the Judgment Creditor for the attachment and sale of the same. In the interim, Musa Adamu, the judgment debtor, sold the property to the 1st Applicant herein, Alhaji Suleiman Mohammed. The 1st Applicant, in 1993 filed an action against Musa Adamu in Suit No. K/258/93, also before the Kano State High Court, claiming specific performance of the contract of sale of the said property. Judgment was delivered by Hon. Justice Tani Yusuf (as he then was) on the 31st January 2000, ordering specific performance of the contract of sale in respect of the said property, in favour of the 1st Applicant herein. The Applicants, in consequence, took possession of the property. The 1st Respondent, to whom the property had been sold in execution of the judgment in K/347/92, sought to take possession of the property, prompting the Applicants to file an application, dated 16th December 2004 for extension of time within which to apply to set aside the Ex Parte order in Suit No. K/347/92 by which the property was attached and subsequently sold to the 1st Respondent. This application 12

16 was, however, dismissed by Shehu Atiku J on 7th March The Applicants followed this up with an application dated 8th March 2005 for leave to appeal against this decision of 7th March 2005, which application was, however, abandoned. They subsequently filed an appeal against this decision, by Notice of Appeal, dated 8th March 2005 and filed on 9th March 2005, Appeal No. K/21A/05, in the firm name Kayode Olatunji and Co. Various applications were filed by the Applicants, seeking to regularize these processes, all of which applications were struck out by this Court on 18th March 2007, 21st January 2007 and 7th October 2008 respectively. In view of this confusing state, the 1st Respondent, to whom the property had been sold in execution of the judgment of K/347/92, filed an Originating Summons in Suit No. K/403/07 against the instant Applicants, seeking a determination of the following questions: "Whether a High Court of co-ordinate jurisdiction can enter a parallel judgment that has the effect of rendering an earlier judgment invalid in land matters regard being had to the principles of priority of title, estoppels, res judicata, laches and 13

17 acquiescence and standing by as it affects the defendant in this case. Whether the judgment of this Honourable Court in Suit No. K/258/1993 delivered on the 31st day of January, 2000 is not a nullity regard being had to the judgment of this Honourable Court in Suit No. K/347/1992 delivered on the 27th day of November, 1992 in pursuance of which the landed property giving rise to the respective suits was sold to the Plaintiff." This Originating Summons was coincidentally assigned to Hon. Justice Tani Yusuf (as he then was), who had determined Suit No. K/258/93 in favour of the Applicants. The learned Judge held, inter alia, that the 1st Applicant obtained his title to the property in 1988 before the 1st Respondent who bought the property in He proceeded to uphold the 1st Applicant's title to the property and dismissed the 1st Respondent's case. The 1st Respondent, aggrieved, filed a Notice of Appeal dated 5th day of December 2008, which appeal was entered in this Court, as CA/K/11/2009. This Court, in its judgment delivered on 10th July 2012 nullified the judgment in K/258/93 delivered on 31st January 2000, regard being had to 14

18 the existence of the prior judgment in K/347/92 delivered on 27th day of November 1992 and confirmed the title of the 1st Respondent in the property in dispute. The Applicants, aggrieved, have appealed against this judgment to the Supreme Court, by Notice of Appeal dated 10th October 2012 and also filed a Motion for Stay of Execution/Injunction pending the hearing and determination of their appeal to the Supreme Court. The appeal has since been entered in the Supreme Court, as No. SC/276/2013. The question, as posed, is thus whether this Court can grant the application of the Applicants for extension of time to appeal against the ruling of the Kano State High Court, coram Shehu Atiku J of 7th March 2005 dismissing the prayer to set aside its ex parte order, as well as the ancillary prayers sought. As submitted by the 1st Respondent's Counsel, it is clear that the reason for the delay in bringing this application is not simply because of the incompetence of the Notice of Appeal and the change of Counsel, but was due largely to the litigations that had been ongoing between the parties. It is indeed true that this fact was not 15

19 disclosed to the Court by the Applicants and did not come to light but for the disclosure of the 1st Respondent and the Court documents exhibited by him. It is also the correct position of the law, as submitted by 1st Respondent's Counsel, that suppression of facts is taken quite seriously by the Courts, which will not hesitate to reverse any orders granted based on the suppression of facts. See Dauphin (Nig) Ltd v Manufacturers Association of Nigeria (2001) All FWLR Part 47 Page 1127 at 1140 Para H per Oguntade JCA (as he then was). I however prefer to rest my decision on the merits, taking all the facts stated above, into consideration. The Judgment of this Court in CA/K/11/09, following the appeal of the 1st Respondent, as Appellant, and the Applicants, as Respondents, against the judgment delivered by Hon. Justice Tani Yusuf above in K/403/2007 and as stated in the enrolled order of this Court, per T.N. Orji Abadua JCA, exhibited to the Counter Affidavit of the 1st Respondent and admitted by the Applicants in their Further and Better Affidavit, was as follows: "Accordingly, this appeal is found meritorious and it is hereby allowed. 16

20 The judgment of the trial High Court delivered on the 14th October, 2008 is hereby set aside. In its place, this Court, by virtue of the provisions of Order 19 Rule 11(1) and (2) of the Court of Appeal Rules, 2001 hereby declares as follows: 1. That the judgment of the lower Court in Suit No. K/258/1993 delivered on the 31st January, 2000 is a nullity regard being had to the existence of the judgment of the Kano State High Court in Suit No. K/347/1992 delivered on 27th day of November, 1992 which was valid and subsisting as at the time the judgment in Suit No. K/258/1993 was delivered and standing by. (Indistinct) 3. That the said judgment of the Kano State High Court in Suit No. K/258/1993 delivered on 31/1/2000 is hereby set aside. 4. That the title of the Plaintiff over the property covered by Certificate of Occupancy No. LKN/RES/RC/82/1750 as vested in him in pursuance of the enrolled Order of this Court dated the 19th day of May, 1993, the bailiff's receipt dated the 3rd day of January, 1995 and the Certificate of Purchase dated the 19th day of August, 1993 evidencing the sale of the landed property is hereby confirmed. 17

21 5. That the Respondents are hereby ordered to deliver possession of the said property to the Appellant. 6. That the Respondents by themselves, agents, servants or whomsoever are hereby restrained by an order of perpetual injunction from further trespassing or disturbing the Appellant's possession and enjoyment of the property covered by Certificate of Occupancy No. LKN/RES/RC/82/1750 as vested in him in pursuance of the enrolled order of the High Court of Kano State dated the 19th day of May, 1993 and Certificate of Purchase of Land dated the 19th day of August, 1993 evidencing the sale of the landed property." This judgment, as aforesaid, was in respect of the Originating Summons filed by the 1st Respondent against the Applicants, seeking the determination of the question whether the judgment of Tani Yusuf J (as he then was) in K/258/93 in favour of the Applicants was not a nullity in view of the prior judgment of Shehu Atiku J in K/347/92 in pursuance of which the property in question was sold to the 1st Respondent. The Court of Appeal, having deliberated on the issues in contention and held that the right to litigate and prosecute K/258/93 18

22 had been defeated by the existence of Suit No. K/347/92 and consequently setting aside the latter judgment in K/258/93, which judgment it was that had given title to the Applicants, has effectively divested this Court of jurisdiction to entertain this application, I hold. Asking this Court to deliberate on the propriety of a ruling delivered in K/347/92 when the standing of the Applicants to prosecute the instant appeal, has been removed from them by this Court's nullification of the judgment in K/258/93 and when there has been a challenge to this Court's decision in the Supreme Court, is akin to asking this Court to re-open Suit No. K/347/92, which this Court cannot do. This Court, I hold, is functus officio. By the appeal against this Court's judgment, which has been entered in the Supreme Court, by Suit No. SC/276/2013, no further action can be taken by this Court, I hold, until the final determination of that appeal. Indeed, by the order of perpetual injunction granted by this Court in CA/K/11/09 restraining the disturbance of the 1st Respondent's possession and enjoyment granted to him in K/347/92, which order has not been set 19

23 aside, the appeal of the Applicants challenging that judgment, cannot be entertained by this Court, as would otherwise be a covert attempt to vary or sit on appeal over its judgment. The only option is for the Applicants to ventilate their grievances in their appeal before the Supreme Court and avoid a situation where conflicting decisions will emanate from the same Court in respect of the same parties. The practice of filing multiple appeals against one judgment has been held to be undesirable. See Bukoye v Adeyemo (2017) 1 NWLR Part 1546 Page 173 at 203 Para E-F per Ngwuta JSC. From the facts and circumstances presented in this case, this Court cannot grant the Motion filed by the Applicants. The sole issue for determination is accordingly resolved against the Applicants. Having so resolved, this application fails and is accordingly dismissed. Parties shall bear their respective costs. IBRAHIM SHATA BDLIYA, J.C.A.: I have had the privilege of reading in draft, the ruling delivered by my learned brother, Oludotun Adebola Adefope-Okojie, J.C.A. I concur with all the reasons adumbrated in the lead 20

24 ruling by my learned brother in refusing the orders sought and I abide by the Orders made on cost. AMINA AUDI WAMBAI, J.C.A.: My learned brother, OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, JCA obliged me a copy of the Judgment. Having gone through the elucidating Ruling, I am in absolute agreement with the reasoning and conclusion that this application which indirectly seeks this Court to sit on Appeal over its previous Judgment in Appeal No. CA/K/11/2009, is not only unmeritorious but incompetent. I also dismiss the application as lacking in merit. 21

25 Appearances: Tine-Tur Nguevese For Appellant(s) Yahaya S. Sulaiman For Respondent(s)

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