IDADA I. ODIASE & ORS V. APOSTLE PATRICK EDOGHOGHO
(2018) JELR 39315 (CA)
Court of Appeal
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CA/B/322/2016(R)
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9 Mar 2018
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Nigeria
Coram
PHILOMENA MBUA EKPE JCA
SAMUEL CHUKWUDUMEBI OSEJI JCA
MOORE ASEIMO ABRAHAM ADUMEIN JCA
Appearances
Mrs. G. Ugbodaga-Okolie For the Appellant.
Mrs. E.E.O. Uloho For the Respondent.
Judgement
<p><strong>PHILOMENA MBUA EKPE, J.C.A. (Delivering the Lead Ruling):</strong> By a motion on notice filed on the 31st day of January, 2018, the Appellants/Applicants herein prayed this Court for the following orders:</p><p>(1) An order to substitute MESSR UGIAGBE JONATHAN and OSAROSE ADELABU EDEBIRI the eldest surviving sons of the 2nd and 3rd Appellants for Samuel Ugiagbe and Adelebu Agharese Edebiri (Deceased).</p><p>(2) AN ORDER granting leave to the Appellants/Applicants to amend the Appellants Notice and Grounds of Appeal to reflect the substitution.</p><p>(3) AND for such FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.</p><p>The grounds for which the prayers are sought are as follows:</p><p>(i) That the 2nd and 3rd Appellants in this case died in the course of prosecuting the Appeal to the knowledge of the surviving parties.</p><p>(ii) That the above information came to my knowledge recently.</p><p>(iii) That under the Bini Native Law and Custom, it is after the full burial had been completed that the estate o…</p>