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KENTE
V.
ISHAKU & 2 ORS

(2017) JELR 38192 (SC)

Supreme Court 7 Apr 2017 Nigeria
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Case Details

Suit Number:SC.666/2016
Judges:WALTER SAMUEL NKANU ONNOGHEN, JSC MUSA DATTIJO MUHAMMAD, JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC EJEMBI EKO, JSC SIDI DAUDA BAGE, JSC
Counsel:Abbas Ajiya For Appellant Kanu Agabi, SAN with him, Chief Solo Akuma (SAN), George Ukaegbu, A. J. Akanmode, M. I. Siman, E.A. Ibrahim-Effiong, Ikani Agabi, John Ochogwu, M.B. Ahmad, Linus Akwaji, Eneyi Mary Odey (Mrs), Edidiong Usungurua, Barth Ogar, Akinola Afolarin, M.C. Nwoye, Matilda Ibhaze (Miss), Uchenna Ede (Mrs), Elvi Sutulu, Q.G. Tukura, Henry Okeke, Ogechi Okoye, Emmanuel Akuma, Deborah Mbica, Anita Pascal, Pius A. Onigah, Okeke-Oraeki Sassandra, Ruth Ayeni and S. A. Dodo for 1st and 2nd Respondent.Jamiu Olabode Makinde for the 3rd Respondent For Respondent

MUSA DATTIJO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Yola Division, hereinafter referred to as the Lower Court, in appeal No CA/Y1/106/2015 delivered on 29th June, 2016. The lower Court in upholding the preliminary objections of the respondents challenging the competence of appellant's Notice of Appeal purportedly filed against the ruling of the Federal High Court, sitting in Yola, in Suit No. FHC/TAR/CS/14/15 dated 17th September, 2015, struck out the Notice. Dissatisfied with the lower Court's judgment, the appellant has appealed to this Court on a Notice filed on 19th July, 2016 containing five grounds. A brief summary of the facts on which the appeal predicates is supplied immediately below.

The appellant commenced Suit No. FHC/TAR/CS/14/15 at the Federal High Court Jalingo by an originating summons seeking the determination of an only question thus:-

"Whether the 2nd Defendant for the purpose of selecting ca…

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