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EZE CHRISTIAN A. TATA (JP) & ORS. V. ELDER SOLOMON MEKELE NYECHE & ORS.

(2021) JELR 109425 (CA)

Court of Appeal  •  CA/PH/105/2017(R)  •  10 Nov 2021  •  Nigeria

Coram
Tani Yusuf Hassan, JCA Ridwan Maiwada Abdullahi, JCA Olabode Abimbola Adegbehingbe, JCA

Judgement

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Lead Ruling): The application, which is the subject of this Ruling, was argued before this Court, on 20/09/2021. Chief M. A. Wodi argued the application, on behalf of the appellants/applicants. On 12/07/2021, when the appeal was called, J. N. Ejekwu Esq. appeared for the respondents and he was present when the argument of the application was adjourned to 20/09/2021. The respondents' counsel was inexplicably absent from Court, on 20/09/2021, Thus, this Court proceeded with the argument of the application, which is to be decided in this Ruling, as scheduled, in the absence of the respondents.

Chief Wodi, for the appellants/applicants, identified the processes necessary for the argument and determination of the application, as follows:

a. Motion filed on 19/06/2020.

b. Counter-affidavit of 26/06/2020.

c. Further- affidavit of 12/11/2020.

d. Written address filed by the appellants/applicants on 12/02/2021.

e. Written address filed by the res…

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