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ABBAH v. USMAN & ANOR

(2022) JELR 109948 (CA)

Court of Appeal  •  CA/MK/101/2012  •  3 Feb 2022  •  Nigeria

Coram
Ignatius Igwe Agube Cordelia Ifeoma Jombo-Ofo Yargata Byenchit Nimpar

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This appeal challenged the ruling of the High Court of Benue State sitting in Gboko and delivered by Hon. Justice A. K. Baaki on the 26th day of November, 2014 whereof the trial Court set aside its own ruling delivered on the 7th of December, 2012 on the grounds that the ruling was entered without jurisdiction having failed to hear the Defendant/Applicant’s application for leave to file his Memorandum of Appearance out of time when same was not ripe for hearing. Dissatisfied with the decision, the Appellant invoked the jurisdiction of this Court by a Notice of Appeal dated and filed on the 28th of November, 2014 predicated on One (1) Ground of Appeal which I reproduce hereunder albeit without its particulars to wit:- 

GROUND OF APPEAL: 

GROUND ONE: 

Error in law in that the learned trial Judge acted without jurisdiction to set aside its judgment in the original Originating Summons dated the 7th day of December, 2012 by his r…

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