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JOHN OCHIGBO & ORS v. EVEREST NWEBONYI

(2016) JELR 41223 (CA)

Court of Appeal  •  CA/E/115/2010  •  29 Apr 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

EMMANUEL AKOMAYE AGIM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the undated ruling of the Ebonyi State Customary Court of Appeal rendered in Appeal No. CCA/15A107 dismissing the preliminary objection raised by the respondents to the competence of the sole ground of the appeal. The appeal against the ruling was commenced on 31-7-2009 by the filing of a notice of appeal containing four grounds for the appeal.

Both sides have filed, exchanged and adopted their respective briefs as follows- appellant's brief, respondent's brief and appellant's reply brief.

The appellant's brief raised the following issues-

1. Whether it is permissible in law for the composition of the panel of judges of the Lower Court to be varied in the course of hearing and determination of the appellant's preliminary objection. (ground 5).

2. Whether the Lower Court was justified in amending the respondent's omnibus ground of appeal without any application from the respondent in the terms of theā€¦

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