UYAEMENAM NWORA ERIC OZUNMBA EMESI OKEKE GABRIEL OKOYE NWUDE IGWEONUWU (FOR THEMSELVES AND AS REPRESENTING OKPULAJI ABBA TOWN) V. NWEKE NWABUEZE PHILIP OKORO REUBEN IFEKA (FOR THEMSELVES AND ON BEHALF OF UMUGAMA VILLAGE UKWULU V. NWOYE OFOEDU EKEMEKA OMOGU ICHIE TITUS OKEKE EUGENE OTUNABO (FOR THEMSELVES AND ON BEHALF OF ORANTO AND AKPU VILLAGE UKPO

MOHAMMED JSC (Delivering the Lead Judgment): On 3 March 2009, the appellants’appeal No. CA/E/30/2009 pendingat 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 27 January 2009 and filed the following day in the Registry of the Court of Appeal, was before the Court of Appeal on 3 March 2009. The non-compliance notice said to have been issued under Order 8, rule 1 of the Court of Appeal Rules, 2007 reads - “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.

Dated at Awka the 27 January 2009

V. O. Os…