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MR. BOB KAY NJEMANZE v. MR. VINCENT AKUJOBI EHIRIM

(2017) JELR 41107 (CA)

Court of Appeal  •  CA/PH/303/2006(R)  •  9 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling): MR. OPARA: Says we agree with the Court that our notice of appeal is incompetent. We wish to withdraw the appeal. Says the originating summons that founded the suit at the Federal High Court is also incompetent.

RULING

This appeal is against the judgment of the Federal High Court in FHC/OW/CS/66/2005. There is also a cross-appeal relating thereto. The appellants counsel has agreed with us that the notice of appeal which initiated this appeal is incompetent having not been signed by either the appellant or counsel on his behalf. It is also to be observed that the originating summons that initiated suit no. FHC/OW/CS/66/2005 was also not signed by the plaintiff nor counsel on his behalf. This fundamentally affects the entire proceeding both at the High Court and in this Court or they are all incompetent. Both this appeal and cross-appeal and the originating summons are hereby struck out.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.: I agree

AY…

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