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BENEDICT NWAOGU OKAFOR v. CHRISTOPHER AJAEGBU UDEAGHA & ANOR

(2017) JELR 41328 (CA)

Court of Appeal  •  CA/OW/36/2012(R)  •  3 Jul 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; ITA GEORGE MBABA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A.(Delivering the Lead Ruling): This is the ruling in respect of the Motion on Notice filed by the applicant, Emmanuel Nwaogu praying for an Order substituting the applicant Emmanuel Nwaogu for the Appellant on record i.e. Benedict Nwaogu Okafor who is deceased to enable him prosecute the instant appeal as the Customary heir of the late appellant.

The grounds for bringing the application are as follows:

(a) The Appellant on the record MR BENEDICT NWOGU OKAFOR is deceased whereas the subject matter of the appeal is subsisting.

(b) The news of the death was communicated to the learned Counsel for the Appellant, Chief R.C. Ogu who was duly instructed to take necessary steps to ensure that the Registrar of the Court of Appeal is notified about this development and to take necessary steps to ensure that the deceased Appellant is substituted with the Applicant to enable the prosecution of the instant appeal to proceed without delay.

(c) The Registrar of this honourab…

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