Ratio Decidendi


(2021) JELR 108843 (CA)    

Court of Appeal  ·  CA/MK/202/2019 ·  3 Jun 2021 ·  Nigeria
Ignatius Igwe Agube JCA Cordelia Ifeoma Jombo-Ofo JCA Yargata Byenchit Nimpar JCA

Ratio Decidendi

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering The Leading Judgment): This Appeal is against the decision of the High Court of Benue State sitting in Makurdi delivered by HON. JUSTICE S. O. ITODO on the 31st July, 2019 wherein the lower Court dismissed the claim of the Appellants. The Appellants dissatisfied with the decision, filed a Notice of Appeal dated 9th September, 2019 setting out 8 grounds of Appeal.

​Facts leading to this appeal are straight forward and can be summarized in the following way. The Appellants brought an action via a Writ of Summons against the Respondents claiming that the Respondents engaged their services to challenge the result of the election at the Election Petition Tribunal and to also retain their services to file an appeal. The Appellants accepted the briefs, filed processes and prosecuted the matters to its logical conclusion and even went on appeal against the decision of the Election Petition Tribunal. The Appellant delivered a demand notice to the Resp…

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