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G.B. ANIMASHAUN & ANOR V. G. E. N. ONYEKWULUJUJE

(2003) JELR 33227 (CA)

Court of Appeal  •  CA/E/230/85  •  28 May 2003  •  Nigeria

Coram
MAHMUD MOHAMMED JCA; JOHN AFOLABI FABIYI JCA; CLARA BATA OGUNBIYI JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): On the 2nd April, 2003, when this appeal was called up for hearing, the learned Senior Counsel Mr. G.R.I. Egonu on behalf of the Respondent by a notice of preliminary objection dated 30th day of December, 2002, and filed on the 2nd January, 2003, objected to the hearing of the said appeal for the reasons of the incompetence of the grounds of appeal upon which same is predicated. The objection is pursuant to Order 3 Rule 15 (1) of the Court of Appeal rules, 2002. The nature of the objections are reproduced and read as follows:

"TAKE NOTICE that the defendant/respondent herein named intends, at the hearing of this appeal, to rely upon the following preliminary objection notice where of is hereby given to you, viz."

Grounds 1, 2, 3 and 4 of the plaintiffs'/appellants' grounds of appeal are incompetent and ought to be struck out: the plaintiffs/appellants failed to distil or formulate any issues from their grounds of appeal an…

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