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BARR. PETER AFANGIDEH (Carrying On Legal Practice Under The Name And Style Of Afangideh & Associates) & CITIGATE MILLENIUM INVESTMENT LIMITED V. MRS. LYNDA ALETOR & MRS. YVONNE ASARI ADESINA (Administratrixes Of The Estate Of Mrs. Aminatu Lanval Asomugha)

(2021) JELR 109622 (CA)

Court of Appeal  •  CA/C/233/2017  •  6 May 2021  •  Nigeria

Coram
Mojeed Adekunle Owoade, JCA James Shehu Abiriyi, JCA Muhammed Lawal Shuaibu, JCA

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling delivered on 17th May, 2017 in the High Court of Cross River State sitting at Calabar.

In the High Court (the Court below), the Respondents’ application for extension of time within which to file their counter affidavit and written address against Defendants’ preliminary objection to Respondents’ suit was granted.

Before 7th June, 2017, the date fixed by the Court below for the hearing of the Appellants’ preliminary objection to the suit of the Respondents, the Appellants on 25th May, 2017, appealed against the ruling of the Court below.

The notice of appeal contains four grounds of appeal all described as errors in law. From the four grounds of appeal, the Appellants presented the following four issues for determination in the Appellants brief of argument filed on 31st July, 2017:

“(i) Whether granting an Application to amend, which was not asked for on the motion paper before proceeding to c…

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