CHIEF SAMUEL EFFIONG EDUOK V. MRS. MARY EFFIONG EDUOK & ANOR

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Lead Ruling): This is a motion on notice filed on 27th April, 2012 brought pursuant to Order 4 Rule 1, Order 7 Rule 1 of Court of Appeal Rules, 2011 and under the inherent jurisdiction of the Court. The Respondent is praying for the following orders:

1. An order of this Honourable Court striking out Appeal No. CA/C/121/2010.

2. And for such further or other orders as the Court may deem fit to make.

The grounds upon which the application is brought are as follows:

1. The Records of Appeal meant to be used or relied upon for the determination of the appeal are false, not coherent and are to a large extent incorrect.

2. The Appeal is incompetent based on Ground No. 1 given herein and the court cannot hear same.

In support of this motion is a 15 paragraphs affidavit deposed to by one Aniekon George Udoh. Counsel relies on all the paragraphs of the affidavit and urges the court to grant him, his prayers.

In reply, the Appellant/Respondent filed…