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PEOPLES DEMOCRATIC PARTY v. OBAYEMI TOYIN & ORS

(2017) JELR 33580 (CA)

Court of Appeal  •  CA/EK/76A/2016  •  29 Dec 2017  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

FATIMA OMORO AKINBAMI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the decision of the Federal High Court II, Ekiti Judicial Division, Ado-Ekiti, presided over by Honourable Justice Taiwo Obayomi Taiwo, delivered on the 4th July, 2016, wherein the Court below granted into all the reliefs/prayers and submissions of the Plaintiff (hereinafter referred to as 1st Respondent in this appeal).

The Appellant, dissatisfied with the decision, promptly filed a notice of appeal containing 6 grounds of appeal against the judgment on 10th day of July 2016.

BACKGROUND FACTS

By Originating Summons dated and filed on the 10th of April 2015 and later amended on 30th March, 2016, pursuant to Order of the Court below, the 1st Respondent at pages 96-255 of the record approached the lower Court for the determination of the following questions and reliefs as set below:

I. Whether the judgment in Suit No: FHC/AD/CS/17/15 having been procured by fraud is not liable to be set aside by this H…

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