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AKPANKE AWHANGWU & ORS v. CHRISTOPHER ADIE AWHANGWU & ANOR

(2016) JELR 41626 (CA)

Court of Appeal  •  CA/C/135/2013  •  18 Apr 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement
<p>ONYEKACHI AJA OTISI, J.C.A. (Delivering the leading : ): This Appeal is against the ruling of the High Court of Cross River State, sitting at Abuochiche, delivered on December 4, 2012 dismissing the application of the Appellants.</p><p>The Appellants were defendants in Suit No. HD/15/2007, which action was filed in the Obudu Judicial Division of Cross River State by the 1st Respondent. Hearing had commenced before the trial Judge was transferred to the High Court of Justice, Abuochiche, Bekwarra Judicial Division of Cross River State. The new judge sitting in Obudu Judicial Division decided to transfer the pending suit to be concluded or determined in Abuochiche, Bekwarra Judicial Division. Upon the conclusion of hearing, the trial judge delivered judgment on 30/9/2010 in favour of the 1st Respondent. The Appellants lodged an appeal against the said judgment to this Court; but the appeal was dismissed, inter alia in the absence of Appellants and their counsel. The said judgment of 30/9…</p>

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