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BARR. CHIMEZIE KINGSLEY OKORIE v. DR. ANTHONY C. ONUOHA

(2017) JELR 38135 (CA)

Court of Appeal  •  CA/OW/27/2015  •  6 Mar 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling delivered on 17/6/2014 by the Imo State High Court presided over by Hon. Justice F. I. Duroha-Igwe (hereafter to be simply referred to as the lower Court and the learned trial Judge respectively). The learned trial Judge in the ruling appealed against set aside the judgment of the lower Court obtained under the Undefended List Procedure on the 25/7/2012 as well as the execution and sale of immoveable property undertaken pursuant to the said judgment.

The facts of the matter as gathered from the records are that the Appellant as Claimant before the lower Court by a motion ex-parte dated 29/2/2012 applied for the following: -

a. An Order granting leave for the issuance of the writ summons (sic) attached and marked Exhibit A.

b. Upon granting prayer a an Order placing/entering the writ summons (sic) attached and marked Exhibit A under the Undefended List.

c. An order of the Honourabl…

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