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(2021) JELR 107021 (CA)

Court of Appeal  •  CA/B/33/2007  •  25 Mar 2021  •  Nigeria

Oyebisi Folayemi Omoleye, JCA Biobele Abraham Georgewill, JCA Frederick Oziakpono Oho, JCA


BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Edo State, Fugar Judicial Division, Coram: Efe Ikponmwonba J, in Suit No. HAU/23/1980: Prince Paul Omomzuawo and Anor v. Chief Yakubu Ugbodaga (JP) and Ors delivered on 8/11/2006, in which the claims of the Appellants as Claimants against the Respondents as Defendants were dismissed for being incompetent for failure to comply with the mandatory statutory precondition under Section 19 (2) of the Traditional Rulers and chiefs Edict 1979.

​The Appellants were dissatisfied with the said Ruling and had appealed against it vide their Notice of Appeal filed on 10/11/2006 on four grounds of appeal at pages 88 - 90 of the Record of Appeal. The Record of Appeal was duly compiled and transmitted to this Court. Subsequently, with the leave of this Court an Amended Notice of Appeal was filed on six additional grounds of appeal on 21/1/2019 but was deemed as properly filed…

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