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ABIA STATE UNIVERSITY & ANOR V. CHIEF DR. ORJI UZOR KALU

(2016) JELR 39695 (CA)

Court of Appeal  •  CA/OW/246/2015  •  9 Nov 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Appearances
O. K. Uba For Appellant O. C. Ajuzie For Respondent

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Judgment): Mr. Uba Withdraws his motion filed on 8-12-15 seeking a stay of proceedings.

Court: Order as prayed. Appellant reply brief filed on 25-1-16 is deemed properly filed.

Mr. Ajuzie: Does not oppose.

Court: Motion filed 8-12-15 by the appellant is struck out.

Mr. Uba: Moves his motion filed on 20-4-16 seeking extension of time to file appellants brief of argument.

Mr. Uba opposes the application on the ground that the appeal has not properly entered as the entry was in breach of Direction 6(b) of the Court of Appeal Practice Direction 2013.

Court: Outside the clear breach of Direction 6(b), it is clear from the grounds of appeal that the issues raised therein are such as can be conveniently determined by way of an appeal arising from the final judgment of the Court below. The parties are to return to the trial Court to conclude the hearing there. This appeal is struck out pursuant to Direction 10(b) of the Court of Appeal Practice Dir…

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