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DR. EYO OKON ETUK V. HON. JUSTICE E. R. NKOP

(2005) JELR 54219 (CA)

Court of Appeal  •  CA/C/43/2001  •  7 Dec 2005  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided) CHRISTOPHER M. CHUKWUMA-ENEH JCA ISTIFANUS THOMAS JCA (Read the Lead Judgment)

Appearances
Name of appellant’s counsel not stated. Respondent appeared in person.

Judgement
<p><strong> THOMAS JCA (Delivering the Lead Judgment): </strong> This appeal is against the ruling in suit No. HU/196/99 dated 13th December, 2000 at the High Court of Akwa Ibom State, Uyo Judicial Division. The plaintiff/ appellant’s claim was struck out upon a preliminary objection raised by the defendant/respondent. The respondent was at the material time, the Chief Judge of Akwa Ibom State, and further, he was the presiding Judge who heard and passed judgment in a different suit No. HU/168/91 between <em> Mrs. Arit Jimmy Okon Etuk v. Chief Okon Udoh Essien and 5 Ors. </em> judgment of which the aforesaid chief Judge delivered his judgment on 13th August, 1998. In the course of the said judgment, the learned chief Judge, and now the respondent in this appeal commented on demeanour concerning the present appellant who was not a party, but in which he testified as DW2 in support of the respondents in the said suit No. HU/168/9l as follows:- “The demeanour and posture of the DW2, Dr. Eyo Okon</p><p>Etuk were vicious and…</p>

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