ANICHE NZONWANNE & ORS V. CHRISTOPHER IGWE & ORS

M. NASIR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of Egbuna J. sitting at the Onitsha High Court given on the 22nd October, 1971. When the appeal came up for hearing on the 17th November, 1975, the case was adjourned to enable service of the Motion on Notice filed by the Appellants to be made on the Respondent. On the 13th January, 1976, when the appeal came up again for hearing, learned counsel for the Appellants, Mr. Molajo, was in court. Neither the Respondents nor their counsel were in court. There was proof of service of the hearing notice on the Respondents solicitor and on the Respondents.

This court therefore allowed learned counsel for the Appellants to move his motion on Notice which was .

(a) To substitute Enesha Nzonwanne for Aniche Nzonwanne who died on the 11th July, 1974.

(b) To file additional grounds of appeal as per attached.

The said additional grounds of appeal read as follows:

"(1) The proceedings are a nullity because the ac…