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TITUS ONWUCHEKWA & ANOR V. MR. JAMES OWNER ADIADI

(2017) JELR 38017 (CA)

Court of Appeal  •  CA/PH/233/2006  •  8 May 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Appearances
Laurel C. S. Kalunta For Appellant Chief M. I. Ucheji For Respondent

Judgement

RAPHEAL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): Court: On perusal of the record of appeal, the Court noticed that the original notice of appeal contained at pages 215 to 216 of the said record was not signed either by the appellant or their legal representatives or in fact anybody. The application by Mr. Kalunta for the Court to deem the name set down on the notice as the signature has been refused. There was indeed a clear breach of Order 7 Rule 2(4) of the Court of Appeal Rule 2016. The breach is fundamental.

This appeal is hereby struck out for want of competence with N30,000.00 to the Respondent.

MASSOUD ABDULRAHMAN OREDOLA, J.C.A.:I agree

AYOBODE OLUJIMI LOKULO SODIPE, J.C.A.: I agree

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