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DANIEL OKORIE & ORS v. CHIEF MAURICE O. CHUKWU

(2014) JELR 36428 (CA)

Court of Appeal  •  CA/OW/35/2012  •  3 Oct 2014  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

ITA G. MBABA J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of Imo State Customary Court of Appeal, delivered on 22/6/2010, coram: Hon. Justice F. C. Abosi (Presiding), Hon. Justice P.I. Okpara and Hon. Justice V.C. Okorie, Judges of the Customary Court of Appeal, Imo State. In the Ruling, their Lordships dismissed the application seeking to dismiss/strike out Respondents' Appeal NO.CCA/OW/A/25/2008 and motion CCA/OW/MISC/25/2008 there - from, for alleged abuse of the process of Court.

The Respondent in this appeal, as Plaintiff at the Customary Court, Umunumo district, Ehime Mbano, in suit No.CC/UM/16/2002, had taken out an action against the Appellants in this appeal, praying for declaration, damages and perpetual injunction. He later tried to stop the hearing of the suit, unsuccessfully. The suit was dismissed by the trial Court on 18/7/2005, after the trial and being dissatisfied, the Respondent, instead of appealing, filed an originating motion (C…

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