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ABIA LINE NETWORK CO. LTD V. EKWUEME BROS ELECTRICAL AND GENERAL CONTRACTORS & ANOR

(2018) JELR 39694 (CA)

Court of Appeal  •  CA/OW/55/2017  •  4 Oct 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; IBRAHIM ALI ANDENYANGTSO JCA;

Appearances
N. B. Ugo for V.O. Nwankwo For Appellant E. K. Okoro For Respondent

Judgement
<p>Parties absent except 2nd Respondent</p><p>MR. UGO - Argues his appeal and says &quot;This appeal is against the ruling of the Abia State High Court delivered on 11-1-17. We adopt and rely on our brief.</p><p>MRS. OKORO - for the Respondent adopts and relies on her brief.</p><p>RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants notice of appeal is contained at pages 118 to 123 of the record of appeal. It is challenging a ruling of the trial Court delivered on 17 January, 2017. The said record contains no such ruling. There is nothing in the notice of appeal that brings it within the ambit of Order 7 of the Court of Appeal Rules 2016. It is therefore an incompetent notice.</p><p>This appeal is struck out for incompetence. N50,000.00 costs to the Respondent.</p><p>AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.</p><p>IBRAHIM ALI ANDEYANTSO, J.C.A.: I agree</p>

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