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P. J. N. AZUBUIKE ESQ V. THE STATE

(2017) JELR 38018 (CA)

Court of Appeal  •  CA/PH/432/2007  •  22 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
APPELLANT appeared in person (per the brief filed) For Appellant MRS. K.A. ELEWEANYI (ACSC) MOJ, IMO STATE For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal is a legal practitioner in the Chambers of Tony Momoh and Co. 13A Sylvia Crescent, Anthony Village, Lagos, representing the Plaintiff in Suit No. HOW/78/02 ANTHONY OPARA V. MORECAB FINANCE CO. LTD AND CHU and CHI LTD, that pended before Hon. Justice A.O.H. Ukachukwu of Imo State High Court, Owerri Division. The said Chambers (Tony Momoh and Co.) had taken over the conduct of the said case in December, 2003 from the former Counsel to the Plaintiff, who was Emmanuel C. Nwoye Esq, and at the time the Plaintiff had given evidence as PW2, but had not concluded it. Appellant was the lawyer assigned by the Chambers to conduct the case for the Plaintiff.

Appellant alleged that before he took over the case, the Plaintiff had expressed doubts as to the impartiality of the presiding Judge, but he tried to allay his doubts; to allow him (Appellant) go into the case. He said that although the trial judge allowe…

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