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SIMON EZECHUKWU & ANOR v. I.O.C. ONWUKA

(2005) JELR 45287 (CA)

Court of Appeal  •  CA/J/252/2001  •  7 Apr 2005  •  Nigeria

Coram
AMIRU SANUSI JCA; IFEYINWA CECILIA NZEAKO JCA; IKECHI FRANCIS OGBUAGU JCA;

Judgement

NZEAKO, J.C.A. (Delivering the Leading Judgment): This appeal is intended by the appellants to be against the ruling of Hwande J., sitting at the High Court of Justice, Makurdi, Benue State of Nigeria, in a motion No. MHC/317m/2000 filed by the 1st, 2nd, 3rd and 4th defendants in suit No. MHC/59/99.

It has been observed that the learned Counsel for the appellants has not stated in their notice of appeal what decision they were appealing against.

At page 130 of the record of proceedings is the appellants' notice of appeal which merely reads:

"Take notice that the 1st and 2nd defendants/appellants, being dissatisfied with the decision of the Benue State High Court, stated in paragraph 2 hereunder, doth hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4...

2. Part of the Decision Complained of

"The whole decision".

The particulars required in the Notice, viz the name of the Judge and…

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