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VICTOR O. ABBEY & ANOR v. RIVERS STATE HOUSING AND PROPERTY DEV. AUTHORITY & ORS

(2010) JELR 33639 (CA)

Court of Appeal  •  CA/PH/322/2005  •  27 May 2010  •  Nigeria

Coram
SULAIMAN GALADIMA (OFR) JCA; ISTIFANUS THOMAS JCA; EJEMBI EKO JCA;

Judgement

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): The appeal is against the ruling of E. N. T. Ebete (J), sitting at port Harcourt High court which was delivered on 22-9-2004 in which the learned trial judge granted the defendants/respondents application setting aside his judgment which was delivered on 30-1 -2004 and relisting the suit for hearing on its merit.

The brief history of the case is that the appellants were the plaintiffs at the lower court presided by Olukole, J of blessed memory. By then, the defendants were, first the Rivers State Housing and Property Development Authority 2nd. Lt. Colonel S.R. Inokoba, (RTD), 3rd. Mrs. Comfort Ikoli, 4th. E.C. Okorji and 5th, the Attorney General of Rivers State.

All parties filled and exchanged pleadings and the trial proceeded, but, the suit had to be transferred to Hon. Justice Ebete, due to the demise of Hon. Justice Olukole. The case therefore commenced de novo, and the lower court ordered that fresh hearing Notice be ser…

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