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EZEWUNWA
V.
IHEAGWAM

(2015) JELR 54181 (CA)

Court of Appeal 23 Mar 2015 Nigeria
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Case Details

Suit Number:CA/PH/176/2001
Judges:IGNATIUS IGWE AGUBE JCA (Presided) PETER OLABISI IGE JCA FREDERICK O. OHO JCA (Read the Lead Judgment)
Counsel:Chief M. I. Ahamba, SAN (with him, E. N. Ichie Esq.) - for the C -*- Appellants. -*- Dr. (Sir) U. U. Chukwumaeze (with him, L. C. Onumajuru Esq.) - -*- for the Respondent.

OHO JCA (Delivering the Lead Judgment): This matter, a 1995 case has had a chequered history. The respondent (as 1st plaintiff in the trial court) filed a writ of summons on 13 June 1995 and did not file a statement of claim until 6 February 1998, after several applications for extension of time had been taken and granted by the lower court to that effect. Upon service of the processes, 1st to 4th defendants retained the services of R.C. Azutalam Esq., who entered appearance on 22 June 1995. Later, for reasons probably attributable to the demise of their counsel, the 4th defendant retained the services of another counsel, F. C. Dike, SAN of Nnaji-Dike Chambers, who subsequently took on the brief of all the defendants. The 4th defendant is said to be ordinarily resident in the United States of America and this allegedly compounded issues when the defendants could not be brought together to prepare a joint statement of defence on their behalf. Indeed, nothing was said to have been hea…

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