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IKEMEFUNA
V.
NWEKE

(1990) JELR 79765 (CA)

Court of Appeal 28 May 1990 Nigeria
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Judges:ALOYSIUS IYORGYER KATSINA-ALU, J.C.A. (Presided), GEORGE ADESOLA OGUNTADE, J.C.A., SAMSON ODEMWINGIE UWAIFO, J.C.A. (Read the Leading Ruling)
Counsel:Onyia, Esq. - for the Applicants. Anyaduba, Esq. - for the first set of Respondents.
Other Citations:(1990) 5 NWLR (Pt. 150) 255

UWAIFO, J.C.A. (Delivering the Leading Ruling): The applicants desire to appeal against the ruling of the Enugu High Court given on 19 July, 1988 (per Obayi, J.) which refused them to join in a writ of mandamus as co-defendants. They have been out of time for pretty long and now by motion pray this court for Orders in terms which read:

1.For extension of time within which to file an appeal against the ruling of the court refusing to join the applicants as defendants/respondents in the case.

2.For leave to appeal against the said ruling of the court on facts and mixed law and facts.

3.Restraining the High Court, Enugu from continuing with the case before the determination of this application, and/or

4.For any other order or orders as the Honourable Court may deem just.

There had been a land matter between the 1st set of respondents' people of Ezioha Mmaku (as plaintiffs) and the applicants' people of Obeagu (as one of the two defendants). The plaintiffs won both in the High Court and the Su…

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