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(2021) JELR 109582 (CA)

Court of Appeal  •  CA/A/633/2017  •  29 Apr 2021  •  Nigeria

Uchechukwu Onyemenam, JCA Peter Olabisi Ige, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA


ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal Capital Territory, Abuja, delivered by Hon. Justice v. v. M. Venda pursuant to the application of the Respondent (the Respondent and Applicant at the Court below) wherein the judgment delivered on May 3rd, 2016, in Petition No. FCT/HC/PE/29/2013, between the Respondent and the Appellant (the Petitioner at the Court below), was set aside.

The Respondent vide Motion on Notice No. M/8378/2016 dated and filed June 17th, 2016, sought the following reliefs against the said judgment of the Court:

1. An order of this Honourable Court setting aside the decree nisi made by this Honourable Court in the above proceedings in default of the appearance and/or pleadings of the Respondent/Applicant.

2. An order of this Honourable Court staying action on the decree nisi in the above proceedings from being made absolute, pending the determination of this suit on the merits (si…

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