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UYAEMENAM NWORA & ORS V. NWEKE NWABUEZE & ORS

(2013) JELR 39669 (SC)

Supreme Court  •  SC.418/2010  •  17 May 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; JOHN AFOLABI FABIYI JSC; BODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC;

Appearances
D.D. Dodo, SAN; with Dr. Oladapo Olanipekun, Ameh Ebute, Nasir Dangiri, Audu Anuga, Aisha Ali (Miss), S. A. Eigege, Adedayo Adesina and Adewale Adegboyega For Appellant Dr. J. O. Ibik, SAN; with Nnamdi Ibegbu, SAN, Magaji SAN, O. J. Ibik, Odera Nnatu and Sa'adatu Ibrahim; Chief J. K. Gadzama, SAN; with Paul Ekoro, SAN, G. S. Pwul, SAN, Tagbo Ike, Henry Michael-Ihunde, A. S. Akingbade, U. M. Jawur, P. G. Pwul, F. I. Bukar (Miss), Mukhtar Abdullahi, S. O. Manah (Miss), Victoria Agu (Miss), Barbara Omosun (Miss) and Eni Ojah; For Respondent

Judgement
<p>MAHMUD MOHAMMED, J.S.C (Delivering the Leading Judgment): On 3rd March, 2009, the Appellants appeal No.CA/E/30/2009 pending at the Enugu Division of the Court of Appeal came up before that Court for striking out for non-compliance with the rules of Court. The record of appeal at page 333 shows that the parties were absent and not represented. The record of appeal at page 332 also shows that a certificate of non-compliance with conditions imposed upon a would be Appellant issued and signed by the Registrar of the trial High Court on 27th January, 2009 and filed the following day in the Registry of the Court of Appeal, was before the Court of Appeal on the 3rd day of March, 2009. The non-compliance Notice said to have been issued under order 8 Rule 1 of the Court of Appeal Rules 2007 reads -</p><p> &quot;Pursuant to Order 8 Rule 1 of the Court of Appeal Rules 2007, I hereby certify that the Appellants in the above named case have not complied with the requirements of Order 8 Rule 1.</p><p> Dated at Awka t…</p>

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