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NWANKWO
V.
NWANKWO

(1993) JELR 43241 (SC)

Supreme Court 11 Jun 1993 Nigeria
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- The case involves a dispute between a husband and wife over a business name. - The wife was successful in the trial court, but the husband appealed and won in the Court of Appeal. - The wife has now appealed to the Supreme Court and is se

Case Details

Suit Number:SC.40/92
Judges:ADOLPHUS GODWIN KARIBI-WHYTE JSC SAIDU KAWU JSC SALIHU MODIBBO ALFA BELGORE JSC UCHE OMO JSC IDRIS LEGBO KUTIGI JSC
Counsel:U.N. Udechukwu (with him, F.A. Chukwuka) For the Appellant L.N. Umezuruike For the Respondent.
Other Citations:Nwankwo v. Nwankwo (1993) 5 NWLR (Pt.293)281 (1993) 6 SCNJ 84

BELGORE, J.S.C. (Delivering the Leading Ruling): The applicant, Mrs. Cecilia Ihuoma Nwankwo, was the plaintiff in the trial court where she was victorious against the present respondent, her husband under a marriage by native law and custom. The bone of contention concerned a business name she claimed as solely her own and that the respondent should be restrained from interfering with the business. The respondent appealed and was successful on all the grounds in the Court of Appeal whereby the trial court judgment was set aside. As a result of the Court of Appeal's decision the present appellant has appealed. By motion on notice in this court the appellant prayed as follows:

"1. An order granting leave to the appellant/applicant to amend her Notice of Appeal as follows:

(i) GROUND 1: To delete ground 1 in the Notice of Appeal entirely and to add a fresh ground of appeal as ground I vide the proposed amended Notice of Appeal exhibited.

(ii) GROUND 2: To delete paragraph (v) of the part…

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