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MRS. LAURITA N. OKAFOR & ANOR v. MRS. ELIZABETH ONEDIBE & ORS

(2002) JELR 42381 (CA)

Court of Appeal  •  CA/E/166M/2000  •  14 Mar 2002  •  Nigeria

Coram
EUGENE CHUKWUEMEKA UBAEZONU JCA; SULE AREMU OLAGUNJU JCA; JOHN AFOLABI FABIYI JCA;

Judgement

FABIYI, J.C.A. (Delivering the Leading Judgment): The appellants herein filed a motion on notice dated 11th December, 2000 on 29/12/2000. The first prayer therein is for 'an order granting a departure from the rules of this honourable court by treating the bundle of documents compiled by the appellants and marked exhibits 'A' as the record of appeal for use in the determination of this appeal.'

This prayer was granted as prayed on 7th February, 2001. So, for all intents and purposes exhibit 'A' is the record of appeal for use in the determination of this appeal. It contains 21 pages. There is no supplementary record filed with the leave of court by any of the parties.

This appeal is against the ruling handed out by Ononiba, C.J, on 13th April, 2000 at the High Court of Justice, Awka, Anambra State of Nigeria as discernible on pages 17-18 of the record of appeal compiled by the appellants.

The suit relates to the estate of late Chief Victor Okafor, the 1st son of the plaintiff/respon…

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