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CHIEF AKOWA NWAKO & ORS V. THE GOVERNOR OF RIVERS STATE OF NIGERIA & ORS

(1988) JELR 42377 (CA)

Court of Appeal  •  CA/E/87/84  •  12 Dec 1988  •  Nigeria

Coram
SYLVESTER UMARU ONU JCA; OWOLABI KOLAWOLE JCA; BRAIMAH AMEN OMOSUN JCA;

Appearances
N. Nwanodi - For the Appellants For Appellant J. Nwogu - For the 1st and 2nd RespondentsC. A. B. Akparanta - For the 3rd - 8th Respondents For Respondent

Judgement

OWOLABI KOLAWOLE, J.C.A. (Delivering the Lead Ruling): On the 14th November, 1988 when this appeal came up for hearing, learned counsel for the 3rd to 8th respondents, Mr. C.A.B. Akparanta, raised a preliminary objection to grounds 2, 3, 4 and 5 of the grounds of appeal on the ground that the grounds of appeal contravene the provisions of Order 3 rule 2(2) of the Court of Appeal Rules 1981. Order 3 rule 2(2) enacts that -

''If the grounds of appeal allege misdirection or error in law the particulars and the nature of the misdirection or error in law shall be clearly stated."

Learned counsel referred to the cases of

(1) Anyaoke and Ors. v. Felix Adi and Ors. (1986) 3 N.W.L.R. (Part 31) 731, 741.

(2) Ifediorah and Ors. v. Ume and Ors. (1988) 2 N.W.L.R. (Part 74) page 5.

(3) Onuma and Anor. v. E. Nwokoro and Ors. (1987) 1 N.W.L.R. (Part 48) 149.

(4) V. Okorie and Ors. v. P. Udom and Ors. (1960) 5 F.S.C. 162.

Mr. Akparanta submitted that all the grounds to which reference has been made do…

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