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WELKO INDUSTRILE SPA MILAN V. J. I. NWANYANWU AND SONS ENT. (NIG.) LTD.

(2000) JELR 47970 (CA)

Court of Appeal  •  CA/391/96  •  24 May 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; SULEIMAN GALADIMA JCA; AMIRU SANUSI JCA;

Judgement

GALADIMA, J.C.A. (Delivering the Lead Ruling): On 30/3/98 respondent/appellant filed motion on notice for preliminary objection and pray for an order dismissing and/or striking out the appellant's notice of appeal dated 4/3/96 filed by the law firm of Messrs Akinrele and Co., purportedly acting as counsel for the defendant/appellant as it constitutes an abuse of the process of the court.

The grounds of objection were stated as follows:-

"(a) The plaintiff/respondent/applicant is served with two notices of appeals dated 4/3/96 and 23/5/96 filed by the law firms of Messrs Akinrele and Co. and Messrs S.I.O. Okpuno and Co., respectively on behalf of the defendant/appellant.

(b) The law firm of Messrs Akinrele and Co. is not properly before the Honourable Court as the issue of representation of both counsels for the defendant for the purpose of appeal that arose during proceedings at the court below had not yet been determined by the lower court.

(c) The preliminary objection dated 14/6/…

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