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CHIEF VICTOR UMEH & ANOR V. PROFESSOR MAURICE IWU & ORS.

(2008) JELR 33650 (SC)

Supreme Court  •  SC.60/2007  •  29 Feb 2008  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

CHUKWUMA-ENEH, JSC (Delivering the Leading Judgment): This interlocutory appeal is against the decision of the Court of Appeal, Abuja Judicial Division (i.e. the Court below) delivered on 20/10/06 dismissing the appellants' appeal to the effect that this action does not constitute an abuse of process of court; it therefore affirmed the decision of the trial court.

The appellants here i.e. the 3rd and 4th defendants at the trial court being aggrieved by the decision have appealed to this court by a notice of appeal dated and filed on 18/12/2006 containing two grounds of appeal.

From the beginning, at the trial court, the 3rd and 4th respondents herein as plaintiffs commenced this action as per suit No. FHC/ABJ/CS/478/2005 against the 1st and 2nd respondents only (that is as defendants) seeking the following reliefs jointly and severally:-

"(i) A declaration that pursuant to Article 18(i) of the Constitution of the All Progressive Grand Alliance herein on record as the fourth responde…

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