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AGBAPURU
V.
AGBAPURU

(2021) JELR 109582 (CA)

Court of Appeal 29 Apr 2021 Nigeria
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Case Details

Suit Number:CA/A/633/2017
Judges:Uchechukwu Onyemenam, JCA Peter Olabisi Ige, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA
Counsel:Mr. Tochukwu Peter Tochukwu, with him, O. O. Adetola and N. S. Ekpeyong For the Appellant; Mr. Moses Ukachukwu For the Respondent.

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal Capital Territory, Abuja, delivered by Hon. Justice v. v. M. Venda pursuant to the application of the Respondent (the Respondent and Applicant at the Court below) wherein the judgment delivered on May 3rd, 2016, in Petition No. FCT/HC/PE/29/2013, between the Respondent and the Appellant (the Petitioner at the Court below), was set aside.

The Respondent vide Motion on Notice No. M/8378/2016 dated and filed June 17th, 2016, sought the following reliefs against the said judgment of the Court:

1. An order of this Honourable Court setting aside the decree nisi made by this Honourable Court in the above proceedings in default of the appearance and/or pleadings of the Respondent/Applicant.

2. An order of this Honourable Court staying action on the decree nisi in the above proceedings from being made absolute, pending the determination of this suit on the merits (si…

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