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MISS IFEYINWA OGOEJOFO V. PATRICK BOSA OGOEJOFO & ORS

(2018) JELR 39527 (CA)

Court of Appeal  •  CA/E/306/2014  •  14 Feb 2018  •  Nigeria

Coram
HUSSEIN MUKHTAR JCA; MUHAMMED LAWAL SHUAIBU JCA; FREDERICK OZIAKPONO OHO JCA;

Appearances
Chief Ikenna Egbunna For Appellant Bosa Anyaeji, Esq. For Respondent

Judgement
<p>FREDERICK OZIAKPONO OHO, J.C.A. (Delivering the Leading Judgment): This judgment is against an interlocutory decision of the High Court of Anambra State, sitting at the Onitsha Judicial Division delivered on the 21-5-2014 in which the Court delivered a Ruling in favour of the Respondents as Plaintiffs, disallowing the Appellant as Defendant from withdrawing a document she had sought to tender in evidence after the document had been tendered and the opponent had objected to the admissibility of the same. </p><p>In the Courts Ruling at pages 78 to 79 of the printed Records, the learned trial Judge said;</p><p>The Plaintiffs Counsel has also raised an objection which the defense Counsel is entitled to reply to but instead he sought to withdraw the document. It does appear to me that by the authority of OGUNTAYO v. ADELAJA (2009) ALL FWLR (PT. 495)1625, the defense Counsel cannot at this stage withdraw the document. He has also refused to reply to the issues raised by the Plaintiffs Counsel that the do…</p>

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