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ALOZIUWA & ORS
V.
NWANGWA & ORS

(2018) JELR 39952 (CA)

Court of Appeal 29 Jan 2018 Nigeria
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Case Details

Suit Number:CA/OW/246/2011
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:SERVED HEARING NOTICE ON 24-1-18 For Appellant EMEKA NNAJIParties absent except 2nd Respondent/applicant. For Respondent

Mr. NNAJI: Applies to withdraw his motion filed on 15-11-16

COURT: Motion filed on 15-11-16 Struck out

REGISTRAR: Motion for dismissal served on 24-1-18

Mr. NNAJI: Moves his motion filed on 21-12-17 seeking dismissal of this appeal. Relies on all the paragraph of the affidavit in support.

RAPHAEL CHIKWE AGBO, J.C.A.: (Delivering the Lead Ruling): The appellants were served with the record of appeal on 15-8-2011 since then the Respondents applicants had filed several applications for dismissal which ordinarily should have gingered the appellants to prepare and file their brief of argument. This unfortunately they failed to do. There is merit in this application. This appeal is dismissed pursuant to Order 19 Rule 10(2) of the Court of Appeal Rules 2016.

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

I agree.

TUNDE OYEBANJI AWOTOYE, J.C.A.:

I agree.

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