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ATTORNEY GENERAL AND COMMISSIONER OF JUSTICE, AKWA IBOM STATE & 1 OR v. MR. FRIDAY MATHEW AKADIAHA & ORS

(2019) JELR 87171 (CA)

Court of Appeal  •  CA/C/387/2018  •  8 Mar 2019  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; OBANDE FESTUS OGBUINYA JCA; MUHAMMED LAWAL SHUAIBU JCA;

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Akwa Ibom State sitting at Eket presided over by Hon. Justice Eno Isangedighi in suit No. HEK/21/2016 delivered on 19/6/2018 overruling the appellants preliminary objection.

By the Writ of Summons taken out on the 7/4/2016 the 3rd  7th respondents made sundry claims against the appellants and the 1st and 2nd respondents at the lower Court.

Upon being served with the originating processes, the appellants herein as 3rd and 4th defendants entered appearance and filed a defence. They in addition filed a notice of preliminary objection challenging the competence of the Writ of Summons to wit; not properly swearing to the oaths before presenting the witness depositions to the commissioner for oaths.

After arguments of counsel for both sides and in a reserved and considered ruling delivered on 26/7/2018, the learned trial judge at page 486 of the record of appeal held as foll…

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