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CHIEF CHUKWUDI A. ITEIDU & ORS. V. CHIEF EMMANUEL OBI & ORS.

(2009) JELR 34166 (CA)

Court of Appeal  •  CA/PH/179/2000  •  25 Mar 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBO EKO JCA;

Appearances
Learned counsel for the appellants absent although duly served with Hearing Notice. For Appellant Chief F.D. Lott;John Dala For Respondent

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the Bayelsa State High Court sitting at Yenagoa delivered on 4th May 1999 in its appellate jurisdiction dismissing the appellants' appeal against the judgment of the Onopa Customary Court, Yenagoa in suit YCC/14/30 delivered on 5th June 1990 on the grounds that the said appeal was vexatious, an abuse of court process and incompetent.

Being dissatisfied with the judgment the appellants filed a notice of appeal dated 27/4/2000 containing two grounds of appeal. In compliance with the rules of this court the parties duly filed and exchanged their respective briefs of argument. The appellants' brief was dated and filed on 18/8/2000. The respondents filed several briefs of argument. At the hearing of the appeal on 29/1/09 two earlier briefs deemed filed on 26/4/01 and 13/3/02 respectively were withdrawn and struck out. The respondents rely on their further amended br…

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