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RICHARDS ALARIBE V. CHINAGOROM NWANKPA & ORS

(1999) JELR 48101 (CA)

Court of Appeal  •  CA/PH/EP/64/99  •  22 Mar 1999  •  Nigeria

Coram
SYLVANUS ADIEWERE NSOFOR JCA; OKWUCHUKWU OPENE JCA; ABOYI JOHN IKONGBEH JCA;

Judgement

IKONGBEH, J.C.A. (Delivering the Leading Judgment): On 16/3/99 we delivered judgment in appeal No.CA/PH/EP/99. Incidentally, in the lead judgment I erroneously stated the trial tribunal to be the Imo State Local Government Election Tribunal instead of the correct Abia State Local Government Election Tribunal. The appellant in the appeal now before us was not a party to that appeal.

There would, therefore, have been no need to bring it up now but for the preliminary objection that the 1st respondent in the appeal now before us has raised to the hearing of this appeal. In his brief of argument the 1st respondent herein gave notice of a preliminary objection. He based the objection on three grounds. Only the third ground of objection concerns us now. I shall come to the other two grounds later. The third grounds, contained in paragraph 2.10 iii. is - iii. That having been heard as a consolidated suit, the appellant herein has no right to appeal in respect of one and only one of the cons…

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