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CHIEF RAPHAEL UWAZURUIKE v. MR. MAGNUS UGO IKE & ORS

(2018) JELR 41937 (CA)

Court of Appeal  •  CA/OW/60/2017  •  19 Apr 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): Mr. Nwogwu: Argues his motion filed on 1-15-17 praying this Court to strike out the appeal for incompetence as it was filed outside the time allowed by the orders of this Court.

Mr. Chukwuka: Replies and says "we did not file a counter-affidavit. I obtained the copy of the order made by the Court on 7-8- 14 and filed my appeal the next day. I commend to this Court Order 21 Rule 3 (2 and 3). What happened was mistake of counsel.

Court: This Court on 2nd July 2014 gave the appellant 14 days within which to file his notice of appeal. He filed his notice of appeal on the 8th of August 2014. Appellant explained that he obtained the drawn up order on 7th August 2014. He was already out of time on that date. There is merit in this application. The notice of appeal having been filed out of time is incompetent. This notice of appeal is struck out for incompetence.


AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree

ITA GEORGE MBABA, J.C.A.: I ag…

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