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MRS. ONYIDO EKWUTOSI UCHECHUKWU & ANOR. V. BARR. UZAMA SIMON OKPALAEKE & ORS.

(2010) JELR 33636 (CA)

Court of Appeal  •  CA/E/EPT/50/2008  •  22 Apr 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; OLUKAYODE ARIWOOLA JCA; AYOBODE OLUJIMI LOKULO SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Ruling): The 1st and 2nd Respondents (who will hereinafter simply be referred to as 'the Applicants') in the motion on notice dated 15th March 2010 and filed on 16th March, 2010 seek for the following:-

"A. AN ORDER of the Honourable Court striking out Paragraphs 3.01, 3.02, 3,03, 3.04, 3.05, 3.06, 3,07, 3.08, 3.09, Paragraphs 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, and Paragraphs 3.17, 3.18, 3.19, 3,20, 3,21, 3.22, 3.23 and 3.24 of the Appellant's Amended Reply Brief of Argument dated 21/12/2009 and filed on 22/12/2009."

The grounds for the application as set out in the motion paper are as follows:

I. The Appellants under the guise of filing consequential amendment to the 1st and 2nd Respondents' Further Amended Brief of Argument, abandoned the argument canvassed in their Reply Brief of Argument dated 27/7/08 and filed on 28/7/08 and canvassed fresh argument in Paragraphs 3.01 - 3.24 of the Appellant's Amended Reply Briā€¦

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