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HOPE UZODINMA v. SENATOR OSITA B. IZUNASO & ORS

(2011) JELR 33951 (CA)

Court of Appeal  •  CA/A/51/2011 (2)  •  5 Apr 2011  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JIMI OLUKAYODE BADA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This Appeal NO:-CA/A/51/2011 was consolidated with Appeal No:- CA/A/51A/2011 by the order of this Court made on the 28th day of March 2011. The said Appeals are against the Judgment of the Federal High Court Abuja delivered on the 28th day of January 2011.

Briefly, the facts of the case are that the 1st Respondent who was the Plaintiff at the lower Court commenced this action by Originating Summons filed on 11/1/2011. The Originating Summons was later amended on 24/1/2011. (See Pages 192-195 of the Record of Appeal).

The Appellant in response to the Amended Originating Summons filed among others a Counter-Affidavit and written address in opposition to the action. There was also a Notice of Preliminary Objection filed on behalf of the Appellant.

At the conclusion of trial, the learned trial Judge entered Judgment in favour of the 1st Respondent who was the Plaintiff at the lower Court. All the reliefs sought in the Amended Oriā€¦

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