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IKPEAZU
V.
OGAH & ORS

(2016) JELR 34211 (CA)

Court of Appeal 18 Aug 2016 Nigeria
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Case Details

Suit Number:CA/A/390D/2016
Judges:HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Counsel:Chief Olanipekun, SAN For Appellant Dr Alex Izinyon, SAN For Respondent
Other Citations:(2017) 6 NWLR (Pt. 1562) 439

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the Federal High court in Suit No.FHC/ABJ/CS/7112016 coram Hon. Justice Okon Abang delivered on the 27th day of June, 2016. The Appellant herein being dissatisfied with the said Ruling also emanating from the same judgment, on pages 217 to 253 of the record has appealed to this court raising two grounds of appeal to wit:

Ground One:

The learned trial Judge erred in law and came to a perverse decision by holding that Order 4 Rules 10 and 11 of the Court of Appeal Rules, 2011 only apply to final and not interlocutory proceedings, and that he still has jurisdiction to continue with the proceedings before him after the Court of Appeal has been fully seised of the entire proceedings.

PARTICULARS OF ERROR

(i) The learned trial Judge was without the vires to sit on the interpretation of the Court of Appeal Rules, being Rules of a superior court of record.

(ii) Without prejudice to (i) supra, …

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