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CHIEF LAWRENCE UTUAGBAIWE v. BONIFACE UTUAGBAIWE

(2016) JELR 41917 (CA)

Court of Appeal  •  CA/OW/33/2009(R)  •  21 Jan 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The lower Court had made an interlocutory order asking the Appellant to prepare audited account of their late deceased father?s estate from October, 2001 until 22nd January 2008 and also made an order appointing the Senior Registrar of the Imo State High Court the receiver of the estate pending the determination of the suit.

Dissatisfied with this order the Appellant filed this appeal. The appeal entered on 8th June 2009. From that date till today the Appellant has taken no steps whatsoever in the appeal. Upon the service on him of this application filed by the Respondent on 16-02-15, he still did nothing. He filed no counter affidavit. This appeal was clearly filed to frustrate the execution of the interlocutory orders of the trial Court. This appeal is dismissed pursuant to the provisions of Order 18 Rule 10(1) of the Court of Appeal Rules 2011. No order as to costs.

IGNATIUS IGWE AGUBE, J.C.A.: I agree

ITA GEORGE MBABA, J.C.A.:…

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