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DUMBIRI EPHRAIM UWEH V. PEOPLES DEMOCRATIC PARTY (PDP) & ORS

(2010) JELR 33748 (CA)

Court of Appeal  •  CA/A/125/M/2007  •  7 Jul 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MARY U. PETER-ODILI JCA; ABDU ABOKI JCA;

Judgement

ABDU ABOKI, J.C.A. (Delivering the Lead Ruling): The Applicant filed two applications before this Court on 13/1/10 and 19/1/10 respectively. Both applications being contentious, the court on 16/2/10 ordered parties to file written addresses in respect of each of the applications.

The first application is seeking for leave of this court to adduce further evidence in this Appeal by tendering a letter of substitution dated 12/1/07 and Form CF.001; whilst the second application seeks leave of this court to amend the Notice of Appeal and to deem the amended Notice of Appeal filed as being properly filed and served.

When both applications came up for hearing the Applicant adopted the written Addresses filed on 3/3/10 and, 16/4/10 respectively and urged this court to grant both applications.

The 1st Respondent the Peoples Democratic Party (PDP) was absent and unrepresented. The Records of the Court showed that their Counsel was in Court on 19/4/10 when the date for the hearing of both applic…

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