EYO & ANOR
V.
JACKSON & ORS.

(2012) JELR 39095 (CA)    

Court of Appeal  ·  CA/C/98/2011 ·  18 Oct 2012 ·  Nigeria
CORAM
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
appeal
appellants
application
high court
respondents
issues
learned trial judge
notice of appeal
1st defendant
akwa ibom state
akwa ibom state council
grounds of appeal
ruling of 30th june
2nd defendants
30th june
court of appeal rules
schedule of the nigerian legion act
decision of the high court
determination of the appeal
hearing of the appeal
order of court
state chairman of nigerian legion
trial court
honourable court
lower court
such application
12th day of november
above issues
absence of a right
abuse of process of court
appellants of fair hearing
appellate jurisdiction
court of 1st instance
decision of the high court of akwa ibom
election of the 1st defendant
following reliefs
form of a preliminary objection
grant of leave
ground of lack of jurisdiction
interlocutory decision of the high court
leave of court
notice of cross appeal
provisions of the nigeria legion electoral regulations
respective briefs
ruling of this court
similar application
similar situation
supreme court
tone of the appeal
uzo i. ndukwe-anyanwu

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Akwa Ibom a ruling delivered on the 7/12/10 in suit No.HU/503/2008 by which it refused and dismissed the motion dated the 5/7/10 by the Appellants. In the said motion, the Appellants had sought for the following reliefs:-

"1. An order of court extending time within which the 1st and 2nd defendants/applicants may appeal against the "Ruling" that was delivered in this case on 30th June, 2010.

2 An order granting the 1st and 2nd defendants/applicants leave to appeal against the Ruling of 30th June, 2010.

3. An order granting the 1st and 2nd defendants/applicants leave to appeal on mixed law and facts.

4. An order of court staying execution of the orders contained in the Ruling of 30th June, 2010, pending the determination of the Appeal that shall be filed after leave is granted for filing.

5. IN THE ALTERNATIVE an order of court discharging the order that was made by t…

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