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SYLVESTER LAAH & ANOR v.MR. I.P. OPALUWA

(2003) JELR 44922 (CA)

Court of Appeal  •  CA/K/284/2001  •  16 Apr 2003  •  Nigeria

Coram
ISA AYO SALAMI JCA; DALHATU ADAMU JCA; BABA ALKALI BA’ABA JCA;

Judgement

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): At the hearing of this appeal, before learned counsel for respondent would take his objection to the competence of appellants' first issue, learned counsel for appellants voluntarily conceded that the issue was incompetent as ground 3 from which it purports to derive was itself incompetent. The court, with concurrence of both counsel, consequently struck out the issue as well as all the argument proffered in support therefore, in the appellants' brief of argument. Learned counsel for respondent, thereafter, took objection to the competence of the third issue in the appellants' brief of argument.

The basis for this objection was that ground 2 of the amended grounds of appeal from which it was framed was vague, imprecise and failed to manifest and identify error in law committed by the learned trial Judge in the judgment. The objection was strenuously opposed by the learned counsel for appellants. However, the court found that i…

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