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CHRISTIANA UGWU & ANOR v. MARIA ONYEKWELI

(2008) JELR 33166 (CA)

Court of Appeal  •  CA/E/89/2006  •  12 Jun 2008  •  Nigeria

Coram
AMIRU SANUSI JCA; STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA;

Judgement

SIDI DAUDA BAGE, J.C.A (Delivering the Leading Judgment).: This is an appeal by the Defendant/Appellants against the refusal to hear their motion by Justice M.O. Chidobem sitting in the High Court of Enugu State, Holden at Nsukka Division, on the 24-1-2005. The motion on notice was brought pursuant to Order 24 Rule 15 of the High Court Rules 1988. The motion reads thus:-

"TAKE NOTICE that the Honourable Court will be moved on Tuesday the 25th day of May 2004 at the'-hour of 9 'O clock in the forenoon or soon thereafter as counsel for the defendant/respondents may be heard praying the court for an Order setting aside the judgment delivered in this Suit on 11/03/04. Dated at Enugu this 3d day of May 2004".

This motion was supported by a 16 paragraph affidavit, and a 6 paragraph further affidavit, for an apt comprehension of this appeal, it is pertinent to reproduce both the affidavit and the further affidavit in pages 61 and 63 of the record of the proceedings.

AFFIDAVIT IN SUPPORT OF M…

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