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CHIEF UKATA SAM AKPAN & ORS V. TITI PETER UDO & ORS

(2013) JELR 36001 (CA)

Court of Appeal  •  CA/C/184/2010  •  17 Jan 2013  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH TINE TUR JCA; ONYEKACHI A. OTISI JCA;

Appearances
David Ekpo, Esq. For Appellant For Respondent

Judgement
<p>JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered by His Lordship Charles U. Ikpe J., of the High Court of Justice, Ikono, Akwa Ibom State on 2nd June, 2009 wherein His Lordship dismissed a preliminary objection brought by the appellants to dismiss an application by the Respondents to enforce their fundamental rights alleged to have been infringed by the appellants. The appeal was filed on 12th July, 2009. Three grounds accompany the Notice of Appeal. </p><p> Learned Counsel formulated three issues for determination in the brief filed on 8th December, 2010. The Respondents did not file any brief though served the processes.</p><p> The appeal was set down for hearing on appellant&#x27;s brief alone. On 4tn December, 2012 when the appeal came up for hearing neither the appellants nor their learned Counsel appeared though served the processes. The appeal was deemed argued. See Order 18 rule 9(4) of the Court of Appeal Rules, 2011. I shall proceed to c…</p>

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