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MR. EMEKA TONY & ORS V. ALHAJI OLAWUYI ISMAIL OLAYINKA & ORS

(2018) JELR 38584 (CA)

Court of Appeal  •  CA/L/1232/2016  •  9 Mar 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

BIOBELE ABRAHAM GEORGEWILL, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the High Court of Lagos State; Coram: Wasiu Animashaun J., in Suit No: LD/1155GCMW/15: Mr. Emeka Tony and ors. v. Alhaji Olawuyi Ismail Olayinka and Ors, delivered on 6/4/2016, in which the names of the Respondents were struck out from the Appellants' suit on the ground that there was no evidence of compliance with Pre-Action Protocol as required by the High Court of Lagos State (Civil Procedure) Rules 2012.

The Appellants who were dissatisfied with the aspect of the said ruling striking out the names of the Respondents, had promptly appealed to this Court vide their Notice of Appeal filed on 4/7/2016 on 8 grounds @ pages 544 - 549 of the Record of Appeal. The Record of Appeal was compiled and transmitted to this court by H. O. Ndubuisi Esq., learned counsel for the Appellants on 7/11/2016. The Appellants' brief was filed on 7/12/2016. The Respondents' brief was filed on 19/1/2017…

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