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SENATOR AHMED MOHAMMED MAKARFI & ANOR V. PRINCE BIYI POROYE & ORS

(2016) JELR 41567 (CA)

Court of Appeal  •  CA/A/551/M/2016  •  23 Nov 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Appearances
Chief Wole Olanipekun, SAN with Chief Ifedayo Adedipe, SAN, Mr. Dayo Akinlaja, SAN, R. A. Anyawata, Soji Olowolafe, Ademola Ekundayo, Olumide Ogunji, Josephine Nwadawa (Miss), Ngozi Azuka-Molokwu (Mrs.), Adeleke Alex-Adedipe, Balarabe Akinwunmi, Aisha Aliyu (Mrs.), Bolarinwa Awujoola, Vanessa Onyemauwa (Miss), Adebayo Majekolagbe, Ademola Oyelayo, Chidinma Anyawata (Mrs.), Okogbule Anyawata, O. Adetusi Owate For Appellant B. E. I. Nwofor SAN with D. Tella Ahoni, Esq., V. N. Ugwu, Esq. and C. G. Onwuzuligbo, Esq. for 1st - 9th RespondentsNelson Anih, Esq. R. A. Oluyode, Esq. for 11th Respondent For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): Appellants filed this Appeal against the Judgment of the Federal High Court, Abuja Division, in Suit No. FHC/ABJ/CS/395/2016, delivered on 29/06/2016. The said judgment of the trial Court was a final judgment, made in favour of the 1st to 9th Respondents, herein (who were the plaintiffs in that suit).

Appellants were not joined as parties by the 1st to 9th Respondents, though the decision affected them. Appellants were therefore, granted leave to appeal against the said decision, as interested parties, on 10/11/2016.

Appellants' Notice of Appeal, filed on 02/11/2016, was deemed duty filed and served, pursuant to the order granting them leave to appeal. They filed their brief of arguments on the 11/11/2016 and served same on the Respondents. Because, the application for departure from the Rules and for accelerated hearing by Appellants, were granted, the Respondents were allowed three days, from the service of the Brief of Appel…

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