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CHIEF MIKE OKPERE & ANOR v. ALHAJI GARBA MUSA RUGOJI & ANOR

(2002) JELR 47510 (CA)

Court of Appeal  •  CA/K/29/01  •  6 Jun 2002  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA; JOSEPH JEREMIAH UMOREN JCA;

Judgement

VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A. (Delivering the Leading Judgment): In this appeal the appellant who is the judgment debtor is dissatisfied with the judgment of Funtua High Court Coram Ibrahim M. Bako in suit No. KTH/FT/6/2000. The appellant filed four grounds of appeal, and formulated four issues which read as follows;

"Whether the learned trial court had jurisdiction to proceed to the hearing of the suit on 31st July, 2000 as it did when same was fixed for mention on the date by the Registrar of the trial court.

(2) Whether the learned trial court had jurisdiction to entertain the suit under the undefended list procedure when no writ was issued and so marked in this suit in compliance with order 22 rule 1 of the High Court Civil Procedure rules of Katsina State.

(3) Whether the learned trial court was right to have disregarded the motion on notice dated 12th August, 2000 duly filed in the trial court in which the first appellant was asking amongst other things for orders settiā€¦

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