MRS. ROSE MOFUNANYA V. OLISA NWADIOGBU

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Anambra State Holden at Onitsha, in the Onitsha Judicial Division and presided over by His Lordship, Honourable Justice C.E. Iyizoba, wherein she dismissed the Appellants application for striking out of forms 48 and form 49 filed by the Plaintiff/respondent for being incompetent as can be found at pages 51 and 52 of the record of appeal. The Appellant had prayed for striking out of the forms 48 and 49 filed by the plaintiff/respondent because the form 48 as issued, did not comply with the mandatory provisions of Order 9 Rule 13 of the Judgments (Enforcement) Rules and the form 49 was issued based on the incompetent form 48. It was against the ruling of the lower Court that the defendant/appellant has appealed to the Court.

STATEMENT OF FACTS.

The Respondent took out the action that has led to this appeal at the High Court of Anambra State Holden at Onitsha, in the Onitsha…