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DR. ANDY UBA v. (PRINCE) HON. NICHOLAS UKACHUKWU & ANOR

(2013) JELR 35442 (CA)

Court of Appeal  •  CA/OW/180A/2012  •  31 May 2013  •  Nigeria

Coram
JOHN INYANG OKORO JCA; PHILOMENA MBUA EKPE JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

JOHN INYANG OKORO, J.C.A (Delivering the Leading Judgment): This is one of the many interlocutory appeals which have in recent times clogged our cause lists. It emanates from the decision of the Federal High Court, sitting at Umuahia in Suit No. PHC/UM/CS/UM/92/2012 delivered on 1st February, 2012 wherein the learned trial judge M. G. Umar, J, allowed the amendment of the originating motion on notice for Judicial Review and also joined the appellant herein as a respondent in the substantive suit. Being dissatisfied with the said Ruling, the appellant sought and obtained the leave of this Court to Appeal against the said decision. The said leave and extension of time to appeal was granted on the 5th day of July, 2012 pursuant to which the appellant filed his notice and grounds of appeal on 9th July, 2012. A brief facts leading to this appeal are as follows:

The 1st respondent herein was granted an ex-parte order by the court below made on 13th January, 2011 for leave to commence an app…

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