ABBEY & ANOR
V.
RIVERS STATE HOUSING AND PROPERTY DEV. AUTHORITY & ORS

(2010) JELR 33639 (CA)

Court of Appeal 27 May 2010 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:CA/PH/322/2005
Judges:SULAIMAN GALADIMA (OFR) Justice of The Court of Appeal of Nigeria ISTIFANUS THOMAS Justice of The Court of Appeal of Nigeria EJEMBI EKO Justice of The Court of Appeal of Nigeria
Counsel:Mr. Arthur Vincent Amachree with P.B. Soberekon For Appellant Mr. Wilcox Abereton with Mrs. N Ofurum For Respondent

ISTIFANUS THOMAS, J.C.A (Delivering the Leading Judgment): The appeal is against the ruling of E. N. T. Ebete (J), sitting at port Harcourt High court which was delivered on 22-9-2004 in which the learned trial judge granted the defendants/respondents application setting aside his judgment which was delivered on 30-1 -2004 and relisting the suit for hearing on its merit.

The brief history of the case is that the appellants were the plaintiffs at the lower court presided by Olukole, J of blessed memory. By then, the defendants were, first the Rivers State Housing and Property Development Authority 2nd. Lt. Colonel S.R. Inokoba, (RTD), 3rd. Mrs. Comfort Ikoli, 4th. E.C. Okorji and 5th, the Attorney General of Rivers State.

All parties filled and exchanged pleadings and the trial proceeded, but, the suit had to be transferred to Hon. Justice Ebete, due to the demise of Hon. Justice Olukole. The case therefore commenced de novo, and the lower court ordered that fresh hearing Notice be ser…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.