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OBIKE INDUSTRIES (NIG.) LIMITED V. ALEX CHUKWURAH & ANOR

(2017) JELR 37820 (CA)

Court of Appeal  •  CA/E/17/2017  •  10 Jul 2017  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; HAMMA AKAWU BARKA JCA; BOLOUKUROMO MOSES UGO JCA;

Appearances
C. R. Maduekwe, Esq. with him, C. P. Ifionu Offordeme, Esq. and F. C. Ifezue, Esq. For Appellant Revd. O. I. C. Akabogu, Esq. For Respondent

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment):This is an Appeal against the decision/Ruling of the Anambra State High Court delivered by Hon. Justice Arinze Akabua on 13/10/2016 in the Idemili Judicial Division Holden at Ogidi.

By a Writ of Summons issued on the 29th day of April, 2003, the Appellant as Plaintiff commenced suit No. O/52/2003 against the 1st Respondent/Defendant seeking damages and injunction amongst other reliefs over the land in dispute.

The 2nd Respondent/Defendant was substituted as joined by order of Court.

On the 8th day of June, 2016 slated for Pre-Trial conference and the Appellant/Plaintiff having not filed Pre-Trial conference forms, the then presiding Judge Hon. Justice Ike-Ogu made an order pursuant to Order 25 Rule 6 of the High Court (Civil Procedure) Rules, 2006 of Anambra State, dismissing the Appellants Plaintiffs Claim, on the basis that the Appellant/Plaintiff was substantially unprepared to participate in the Pre-Trial conference as …

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