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PRINCE ONWUBIKO OGBA OKENWA & ORS V. MR. IKWAN EJIM AKUMA & ORS

(2018) JELR 41342 (CA)

Court of Appeal  •  CA/OW/302M/2016(R)  •  2 Feb 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
Ugochukwu Ukiwe for the appellants. Second appellant reported dead. For Appellant K. O. Kalu for the Respondents. 1st and 4th Respondent reported dead. For Respondent

Judgement

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling): In this application for extension of time to appeal, the basic reasons given by the applicants were that their former counsel who they instructed to file the appeal did not do so and that their new counsel who they briefed in 2015 obtained a copy of the judgement delivered on 10th July 2014 thereafter. This judgment is placed before the Court as exhibit A Exhibit A was certified by the Registrar of the High Court on 27-8-14. It is a complete judgment in paragraph 9 of this further affidavit. The applicants explained that in January 2016 pages 7, 8, 9, 10 and 11 were inserted into the incomplete judgment obtained in 2014.

There is nothing ex-facie the said judgment to show that it was re-certified in January 2016. This document is not worth the paper it is written on. The proposed grounds of appeal are founded on nothing. The applicants have not established their entitlement to their prayers pursuant to Order 6 Rule 9(2) of the C…

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