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ALL PROGRESSIVE CONGRESS (APC) V. ENGINEER GEORGE T. A. NDUUL & ORS

(2017) JELR 37992 (SC)

Supreme Court  •  SC.332/2016  •  19 May 2017  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; PAUL ADAMU GALINJE JSC; SIDI DAUDA BAGE JSC;

Appearances
Mr. S. A. Akpehe, Esq. with V. T. Uji, Esq. and I. R. Adekwagh, Esq. For Appellant Mr. Alex Ejesieme, Esq. with Uchenna C. Oparaugo, Esq., Prosperity Nwachukwu, Esq., P. D. Adi, Esq., C. N. Udengwu, Esq. and J. T. Damsa, Esq. for the 1st Respondent.Mr. G. T. Yango, Esq. with Barr. Benjamin Wayo, Esq. for the 2nd Respondent.Mr. Ahmed Raji, SAN with Tunde Babalola, Esq. and Adeola Adedipe, Esq. for the 3rd Respondent. For Respondent

Judgement

PAUL ADAMU GALINJE, J.S.C. (Delivering the Leading Judgment):This is an interlocutory appeal against the ruling of the Court of Appeal, Makurdi Division which was delivered on the 13th April, 2016. Learned Counsel for the 1st Respondent herein who was the Appellant at the Lower Court, by a motion on notice filed on the 11/4/2016 sought for the following prayers:

An order of this Honourable Court to hear the Appeal in Appeal No.CA/MK/16/2016 between Engr. George T. A. Nduul v. Barr. Benjamin Wayo solely on the Appellant/Applicants Brief of Argument.

When this application came up, the 1st Respondent who was the Applicant was in Court.

The Appellant herein and the 2nd and 3rd Respondents who were Respondents at the Lower Court were absent. The Registrar informed the Court that the Respondents were served with hearing notice on the 23rd March, 2016.

Since the Respondents were on notice and failed to put up appearance, the Lower Court proceeded to hear learned counsel for the Appellant who mov…

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