AUGUSTINE NED & ORS. V. THOMPSON EDI & ORS.
(2009) JELR 39567 (CA)
Court of Appeal
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CA/PH/136/2002
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25 Jun 2009
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Nigeria
Coram
SULEIMAN GALADIMA JCA;
MOHAMMED LAWAL GARBA JCA;
EJEMBI EKO JCA;
Appearances
J.T.O. Ugboduma;J.F. Enyidah For Appellant
V.N. Ihua-Maduenyi For Respondent
Judgement
<p>MOHAMMED LAWAL GARBA, J.C.A, (Delivering the Leading Judgment): The Notice of Appeal filed initially on the 24/8/2001 as well as the Amended Notice of Appeal filed with the leave of the court and deemed filed on the 27/5/0S in respect of the present appeal were the following terms:-</p><p> "TAKE NOTICE that the Defendant/Appellants being dissatisfied with the decision in the judgment of Mr. Hon. Justice S.E. Charles Granville dated 27th day of June, 2001, do hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the relief sought in paragraph 4. And the defendants/appellants further state that the names and address of the person directly affected by this appeal are set out in paragraph 5."</p><p> Because the Notice of Appeal in this court is the initiating process which lays the legal and judicial foundation for the invocation of the court's power and authority over or in an appeal, it has been held to be a fundamental and crucial proβ¦</p>