MR. EVANS UDENIGWE MRS. ESTHER UDENIGWE V. REV. CANNON G.B.C. EMENALO MR. B.C.O. IGBOECHEONWU

ABDULLAHI JCA (Delivering the Lead Ruling): On 21 February 2006, the Imo State High Court of Justice, sitting at Iho dismissed the suit filed by the appellants for want of diligent prosecution. Dissatisfied with the said decision, the appellant filed an appeal which carries one ground of appeal with several particulars. On being served with the process, the respondents filed a motion on notice on 28 February 2007 but dated 22 February 2007 praying for the following reliefs:

“An order of the court striking out this appeal on the following grounds: The appeal is incompetent as the notice of appeal is invalid. ) That the judgment appealed against does not exist.

) That the purported notice of appeal dated 3 April 2006 and filed on 4 April 2006 is an abuse of process, as the said notice of appeal does not relate to, or arise from any judgment.

(iv) The honourable court lacks the jurisdiction to entertain the appeal.” The application is supported by a nine-paragraph affidavit sworn toby one…