GLADIS SAMUEL V. YAHAYA ETUBI

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is from the decision of the Kogi State High Court (to be called simply as the High Court hereafter) sitting in its appellate jurisdiction in appeal No.AYHC/2A/2007 delivered on the 9/12/09. The High Court in the said decision had struck out the Appellant's appeal on the ground that it was incompetent because the notice of appeal was filed in that Court instead of the Registry of the Upper Area Court from where the said appeal emanated as provided for by Order 48, Rule 1 of the Kogi State High Court (Civil Procedure) Rules 2006 (to be henceforth referred to as 2006 Rules).

Being dissatisfied with the above decision by the High Court, the Appellant filed a notice of appeal against it on the 21/12/09 containing two grounds of appeal. Because of the challenge on the competence both the notice and grounds of the appeal, it is expedient to set out the two grounds contained on the notice of appeal, without their par…