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IFENNA
V.
EJIOFOR & ORS

(2017) JELR 40705 (CA)

Court of Appeal 14 Feb 2017 Nigeria
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Suit Number:CA/OW/411M/2014(R)
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:Appellants served hearing notice 8-2-17 motion served on 9-3-15. For Appellant J.O. Lambay holding brief for M. N. Ahunanya For Respondent

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): Both Appellants and Respondents were parties in Suit No. A/M83/2012 determined by the Abia State High Court on 27th May 2013 in which the 1st and 2nd Appellants were adjudged to have infringed the fundamental rights of the Respondent and ordered to pay Two Million Naira damages in favour of the Respondent. Not satisfied with that judgment, the Appellants filed their notice of appeal Exhibit B on 14-8-2012. Since filing their notice of appeal, the Appellants have taken no further step in the appeal. The motion to dismiss the appeal for failure to compile the record of appeal was filed by the Respondent/Applicant on 11-12-14. It was served on the Appellant on 9-3-15. They have not deemed it fit to react in any way whatsoever to the motion. Their time for compiling and


transmitting to this Court the record of appeal lapsed 90 days after the filing of their notice of appeal. This Court has no option but to grant the application. The…

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