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ANIMASHAUN & ANOR
V.
ONYEKWULUJUJE

(2003) JELR 33227 (CA)

Court of Appeal 28 May 2003 Nigeria
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Case Details

Suit Number:CA/E/230/85
Judges:MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria
Counsel:I. M. Okoye Esq. For Appellant G.R.I. Egonu (SAN) For Respondent
Other Citations:(2004) 2 NWLR (Pt. 856) 183, ANIMASHAUN & ANOR V. ONYEKWULUJUJE [2004] 2 NWLR (PT 856)183

CLARA BATA OGUNBIYI, J.C.A. (Delivering the Leading Judgment): On the 2nd April, 2003, when this appeal was called up for hearing, the learned Senior Counsel Mr. G.R.I. Egonu on behalf of the Respondent by a notice of preliminary objection dated 30th day of December, 2002, and filed on the 2nd January, 2003, objected to the hearing of the said appeal for the reasons of the incompetence of the grounds of appeal upon which same is predicated. The objection is pursuant to Order 3 Rule 15 (1) of the Court of Appeal rules, 2002. The nature of the objections are reproduced and read as follows:

"TAKE NOTICE that the defendant/respondent herein named intends, at the hearing of this appeal, to rely upon the following preliminary objection notice where of is hereby given to you, viz."

Grounds 1, 2, 3 and 4 of the plaintiffs'/appellants' grounds of appeal are incompetent and ought to be struck out: the plaintiffs/appellants failed to distil or formulate any issues from their grounds of appeal an…

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