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HON. (BARR.) ITA S. ENANG v. DR. HENRY OKON ARCHIBONG OF ALLIANCE FOR DEMOCRACY & ORS.

(2009) JELR 33162 (CA)

Court of Appeal  •  CA/C/NAEA/240/07  •  4 May 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; MOJEED ADEKUNLE OWOADE JCA; THERESA NGOLIKA ORJI-ABADUA JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A. (Delivering the Lead Ruling): This is a ruling on two motions on notice, one filed on 11/3/09 by the 1st Respondent in the appeal and the other one filed on 19/3/09 by the appellant.

In the motion filed on 11/3/09 the applicant described therein as the 1st Respondent/Cross-Appellant/Applicant asked for an order "Granting Leave to Applicant to amend his notice and grounds of Cross-appeal in Appeal no. CA/C/NAEA/240/2007 by deleting the name of the 3rd Respondent (Returning officer, Itu/Ibiono Ibom LGA) and replacing it with (Returning Officer Itu/Ibiono Ibom Federal Constituency) and reflecting the proper status of the parties and replacing the Notice and Grounds earlier filed with the one filed with this Motion as amended."

In the motion on Notice field on 19/3/09 the appellant in the main appeal asked the Court for an order

"(i) striking out the 1st Respondent's Notice and Grounds of Cross-Appeal filed on the 3rd day of January, 2008.

(2) Striking out…

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