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(2021) JELR 109599 (CA)

Court of Appeal  •  CA/B/460/2013  •  2 Dec 2021  •  Nigeria

Oyebisi Folayemi Omoleye, JCA Biobele Abraham Georgewill, JCA Frederick Oziakpono Oho, JCA


BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Edo State, Coram: Efe Ikponmwonba J, in Suit No. B/494/2008: Dr. W. E. Eguagie v. Chief Eduwu Ekhator delivered on 17/7/2013, in which the claims of the Respondent as Claimant against the Appellants as Defendants were granted, while the counter - claim of the Appellant against the Respondent was dismissed.

​The Appellant was dissatisfied with the said Judgment and had appealed against his Original Notice of Appeal filed on 24/7/2013 on four grounds of appeal. See pages 98 - 100 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this Court on 26/11/2013 but was deemed as properly transmitted on 3/11/2021. Subsequently, with the leave of Court a Further Amended Notice of Appeal No. 1 was filed on 22/2/2021 on two grounds of appeal but was deemed as properly filed on 3/11/2021. The Amended Appellant’s brief was filed on 22/2/2021 but …

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