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LABOUR PARTY & ORS v. COMRADE RUFUS OYATORO

(2016) JELR 37094 (CA)

Court of Appeal  •  CA/AK/32/2012  •  7 Jan 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): The Appellants herein claimed to have filed two Notices of Appeal against two different Rulings in suit No. HOS/137/2011.

The first Notice of Appeal said to be against the Ruling delivered by Honourable Justice S. Oyejide Falola on 24th January, 2011 is in respect of the Appellants preliminary objection against the Respondent??s suit. The second which the Appellant claimed is in a supplementary record is said to be against the Ruling of 28/03/2014 which ordered the setting aside of the 1st Appellant's congresses held pursuant to the calendar of INEC.

Unfortunately, after a painstaking search of the Registry of this Court, no one could find any Supplementary Record of Appeal by the Appellants or a Notice of Appeal other than the one concerning the Ruling of 24th January, 2012 contained on page 213 of the record of appeal.

Based on the Notice of Appeal filed on 30/1/2012, Appellants filed a brief of argument on 10 - 7 - 2014…

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