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NDABU OBO EKPO EKPO OBO & ORS V. HH MURI JOSEPH B. ANATING-EDEM VI

(2018) JELR 38769 (CA)

Court of Appeal  •  CA/C/77/2016  •  29 Jun 2018  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; STEPHEN JONAH ADAH JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Appearances
Christopher Utu-Baku, Esq. For Appellant Etim Effiom, Esq. For Respondent

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Respondent as Plaintiff/Claimant at the Trial Court claimed against the Appellants as Defendants reliefs, damages, injunction (see page 31 of the Records).

The suit was heard on the amended writ of summons filed on the 12th of July, 2006 (see page 31 of the Record of Appeal), the further Amended Statement of Claim filed on 12th July, 2006 and Amended Statement of Defence filed on 1st August, 2007 (see page 48 of the Records).

At the close of hearing, the Appellants in their address filed on the 26th of November, 2014 and the reply on points of Law, challenged the jurisdiction of the Court to determine the suit on grounds that the amended writ of summons filed on the 12th of July, 2006 was incompetent because it was issued by a Law Firm, Dr. Tony Ukam and Co., which is not a Legal Practitioner whose name is on the Roll.

In its judgment delivered on the 20th of November, 2015, the Learned Trial Judge Emilia Ibok, J, o…

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