SIMON EZECHUKWU & ANOR V. I.O.C. ONWUKA
(2005) JELR 45287 (CA)
Court of Appeal
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CA/J/252/2001
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7 Apr 2005
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Nigeria
Coram
AMIRU SANUSI JCA
IFEYINWA CECILIA NZEAKO JCA
IKECHI FRANCIS OGBUAGU JCA
Appearances
M. M. Osuman, SAN For the Appellant;
Ocha P. Ulegede, Esq. For the Respondent.
Judgement
<p><strong>NZEAKO, J.C.A. (Delivering the Leading Judgment): </strong>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. </p><p> 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.</p><p> At page 130 of the record of proceedings is the appellants' notice of appeal which merely reads:</p><p> "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... </p><p> 2. Part of the Decision Complained of</p><p> "The whole decision".</p><p> The particulars required in the Notice, viz the name of the Judge andβ¦</p>