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CHIEF SYLVANUS UDENKWO & ORS v. SEBASTINE NWOSU & ORS

(2014) JELR 41838 (CA)

Court of Appeal  •  CA/OW/54/2010  •  30 Oct 2014  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK O. OHO JCA;

Judgement

FREDERICK O. OHO, J.C.A. (Delivering the Leading Judgment): The issue between the parties and by virtue of which they brought themselves to the Court of Appeal since 2008 is the issue of admissibility of a document and the objection taken by the Defendants who are of the view that in tendering the said documentary evidence, the provision of Section 97(1)(C) of the Evidence Act was not strictly adhered to. The attitude of this Court to matters of this nature which are experiencing unnecessary delays due to attitude of the parties and their Counsel is one of utter disappointment and outright condemnation. The position of this Court to matters of this nature is in agreement with the admonition of UWAIS, CJN (as he then was) in the case of CAPTAIN E.C.C. AMADI V. N.N.P.C. (2000) 6 SCNJ at p. 20 where the erudite jurist was rather terse, when he said;

"...the ruling of the High Court was delivered on the 20th day of June, 1988. The Judgment in the Appeal against the ruling was delivered by…

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