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ENGR. OKEY IBEABUCHI & ORS. v. MR. SAMUEL M. IKPOKPO & ORS.

(2013) JELR 36131 (CA)

Court of Appeal  •  CA/PH/406/2009  •  16 Jan 2013  •  Nigeria

Coram
MOHAMMED LADAN TSAMIYA JCA; EKO EJEMBI EKO JCA; STEPHEN JONAH ADAH JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Lead Ruling): This appeal was set down for hearing on 8th January, 2013. The record of appeal was transmitted on 25th August, 2009. At pages 167 - 173 of the record of appeal is the Notice of Appeal, the originating process. Endorsed at page 173 of the record are two stamps from the cashier's office of Rivers State Judiciary with a date of 19th March, 2009 suggesting that the Notice of Appeal was filed on the said date. The Notice of Appeal was signed by Sir C. I. Enweluzo of counsel for the Appellant.

As there was no endorsement as to the fees paid for the filing of this appeal, we drew the attention of C. I. Enweluzo of Counsel to page 173 of the Record and asked him how much was paid as filing fees for this appeal. Counsel answered that they "paid the sum of N2,600.00 assessed by the Registrar for the appeal". Thereupon Counsel's attention was further drawn to Order 12, Rule 1 and the Third Schedule to the Court of Appeal Rules 2007 and was asked …

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