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MR. DONALD DAUNEMIGHA v. ROBINSON JOHNSON AYAKPO ETOLOR & ORS

(2005) JELR 45314 (CA)

Court of Appeal  •  CA/PH/EPT/56/2005  •  4 Jul 2005  •  Nigeria

Coram
VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOHN AFOLABI FABIYI JCA; MONICA B. DONBGAN-MENSEM JCA;

Judgement

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Leading Ruling ): As can be garnered in the Ruling of the lower court handed out on 16th day of December 2004, the learned judge of the Court below -Ayenrieye, J, dismissed the preliminary objection raised against the jurisdiction of the lower court to entertain an appeal which emanated from a decision of the Bayelsa State Local Government Election Tribunal. The Appellant/Respondent herein felt unhappy with the stand point of the court below and has appeal to this court vide the Notice of Appeal dated and filed on 29th December, 2004.

On 17th March, 2005, the Solicitor of the 1st Respondent/Applicant herein filed a Motion on Notice in which he prayed for an order striking out this appeal, in limine, as it were. The grounds for the application were stated as follows: "(i) The Notice of Appeal in this Appeal is not competent.

(ii) The Notice of Appeal in this appeal purports to challenge the Ruling of the High Court of Bayelsa State in respect…

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