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MISS ANIEMA UDO UKO v. MR. CELESTINE E. UCHA

(2014) JELR 36170 (CA)

Court of Appeal  •  CA/C/22/2013  •  16 Oct 2014  •  Nigeria

Coram
DALHATU ADAMU JCA; ONYEKACHI AJA OTISI JCA; JOSEPH JUDE JELLA JCA;

Judgement

ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): The Respondent as plaintiff had commenced Suit No. HUK/MISC.43/2007 in High Court of Akwa Ibom State, Ukanafun Judicial Division under the undefended list, against one Udo Uko Etok, now deceased, as defendant. The late defendant filed a Notice of Intention to Defend, upon which the matter was transferred to the general cause list. In the course of proceedings, the Appellant, on her application, was joined as the 2nd defendant.

The Respondent filed Statement of Claim on the 20/5/2008, while the Amended Statement of Defence of the 1st Defendant and the Appellant was filed on 25/5/2009. Hearing commenced with the evidence of the Respondent. While proceedings were pending, there was an industrial action embarked upon by the Judiciary Staff Union of Nigeria (JUSUN), consequent upon which proceedings were stalled since the trial court could not sit. The 1st defendant and the Appellant were represented by C. M. Idemudo, Esq. and …

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