ABIA LINE NETWORK CO. LTD
V.
EKWUEME BROS ELECTRICAL AND GENERAL CONTRACTORS & ANOR

(2018) JELR 39694 (CA)    
Court of Appeal  ·  CA/OW/55/2017 ·  4 Oct 2018 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
j.c.a.
respondent
ambit of order
appellants notice of appeal
ayobode olujimi lokulo-sodipe
court of appeal rules
ibrahim ali andeyantso
incompetence
incompetent notice
january
leading judgment
mrs. okoro
n50,000.00 costs
notice of appeal
pages
parties
raphael chikwe agbo
record of appeal
ruling of the abia state high court
ruling of the trial court
said record
such ruling

Parties absent except 2nd Respondent

MR. UGO - Argues his appeal and says "This appeal is against the ruling of the Abia State High Court delivered on 11-1-17. We adopt and rely on our brief.

MRS. OKORO - for the Respondent adopts and relies on her brief.

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants notice of appeal is contained at pages 118 to 123 of the record of appeal. It is challenging a ruling of the trial Court delivered on 17 January, 2017. The said record contains no such ruling. There is nothing in the notice of appeal that brings it within the ambit of Order 7 of the Court of Appeal Rules 2016. It is therefore an incompetent notice.

This appeal is struck out for incompetence. N50,000.00 costs to the Respondent.

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

IBRAHIM ALI ANDEYANTSO, J.C.A.: I agree

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