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COMRADE MIKE ALIOKE v. DR. VICTOR IKE OYE & ORS

(2018) JELR 38354 (SC)

Supreme Court  •  SC.717/2017  •  13 Jul 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decisions of the Court of Appeal, sitting in Enugu delivered on 15th and 16th August 2017, in Appeal No. CA/367/as contained at pages 651-690 of the Record of Appeal. The Appellant being dissatisfied with the said decision of the Court below filed a Notice of Appeal dated 17th August 2017, as contained at pages 691-697 of the Record of Appeal.

Ground one alleges error of law on the part of the lower Court for assuming jurisdiction in the subject matter of the appeal during the pendency of appeals Nos. SC.598/2017 and SC.600/2017 before this Court (Supreme Court). Ground two alleges error of law on the part of the Court below for assuming jurisdiction to entertain and determine Appeal No. CA/E/367/2017 which was initiated by a party interested without the prior leave of the Court first sought and obtained. The third and final ground of the appeal alleges error of law on the part of the lower Court i…

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