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GROUP CAPTAIN E. E. IBOK (RTD.) v. H. R. H. ETUBOM EYO E. EYO HONESTY II

(2006) JELR 38254 (CA)

Court of Appeal  •  CA/C/49/2004  •  18 May 2006  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA;

Judgement

C. M. CHUKWUMA-ENEH. J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Calabar Judicial Division (CORAM: Edem J.) delivered on 8/4/2004 dismissing the preliminary objection of the applicant (appellant) wherefore the applicant has challenged the trial court's jurisdiction to hear an application to relist Suit No. HC/230/2000, which earlier had been dismissed upon the applicant's (appellant's) application as an abuse of court process.

Aggrieved by the decision the applicant (appellant) has appealed the decision by filing a notice of appeal containing 3 grounds of appeal. In the appellant's brief of argument filed in the matter he has formulated 2 issues for determination and I set them as follows:

"(a) Whether the order of dismissal made by the trial Judge after hearing both parties was a final order and therefore on merit.

(b) Whether the trial court was functus officio in respect of the said after dismissing the suit and whether the cour…

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