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MR. GOKE V. PRINCE EMEKA IBENYE & ANOR

(2014) JELR 42575 (CA)

Court of Appeal  •  CA/IL/51/2012  •  13 Feb 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO (PJ) JCA; HUSSEIN MUKHTAR JCA; UCHECHUKWU ONYEMENAM JCA;

Appearances
Y. A. Dikko with him T. Osuolale-Ajayi and A. A. Ojo (Mrs.) For Appellant Kayode Alawode For Respondent

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.: (Delivering the Leading Judgment): The Respondents were claimants in the High Court of Kwara State in suit No. KWS/53/2009 wherein the claimants claimed against the Appellant and Albiem Nig. Ltd. the sum of N483,000.00 which claim was placed in the undefended list. The claim was later placed in the general cause list and contested on pleadings. The Respondents withdrew against Albiem Nig. Ltd. and proceeded against the appellant only. In a considered judgment the trial Court found for Respondents. Not satisfied with the said judgment the appellants filed this appeal.

The appeal was contested on an amended notice of appeal dated 21st October 2013 and filed on 23rd October 2013 which said notice contained 10 grounds of appeal to wit:-

GROUND ONE:

The judgment is unreasonable and cannot be supported by evidence.

GROUND TWO:

The learned trial judge erred in law by holding that there is no evidence of registration of Albiem Nig. Ltd. under Companies and Allied …

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