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IME FRIDAY UDOTIM & ANOR v. UYO UDO IDIONG & ORS

(2013) JELR 41844 (CA)

Court of Appeal  •  CA/C/43/2013  •  5 Dec 2013  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A. (Delivering the Leading Judgment): At the High Court of Akwa Ibom State, holden at Ikot Ekpene, the appellants in this appeal [as plaintiffs] commenced action in a representative capacity against the respondents [as defendants], also, in a representative capacity. That was way back in 1995, eighteen years ago! Subsequently, the original counsel whom the appellants engaged died, necessitating the engagement of another counsel. The numerous applications from both sides occasioned many adjournments in the matter.

At a point, parties were granted the indulgence to attempt an out-of-court settlement. It failed. When the matter resumed in court, pleadings were amended. It would appear that the matter was destined to have a chequered history. The learned trial Judge went on a national assignment that took him away for over eight months.

What prompted the ruling that culminated into this appeal was an application which the appellants' new counsel filed for leave to …

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