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ODIASE & ORS
V.
EDOGHOGHO

(2018) JELR 39315 (CA)

Court of Appeal 9 Mar 2018 Nigeria
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- The Appellants/Applicants filed a motion on notice seeking orders to substitute the eldest surviving sons of the 2nd and 3rd Appellants for the deceased Appellants. - The grounds for the substitution include the death of the 2nd and 3rd A

Case Details

Suit Number:CA/B/322/2016(R)
Judges:PHILOMENA MBUA EKPE JCA SAMUEL CHUKWUDUMEBI OSEJI JCA MOORE ASEIMO ABRAHAM ADUMEIN JCA
Counsel:Mrs. G. Ugbodaga-Okolie For the Appellant. Mrs. E.E.O. Uloho For the Respondent.

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Lead Ruling): By a motion on notice filed on the 31st day of January, 2018, the Appellants/Applicants herein prayed this Court for the following orders:

(1) An order to substitute MESSR UGIAGBE JONATHAN and OSAROSE ADELABU EDEBIRI the eldest surviving sons of the 2nd and 3rd Appellants for Samuel Ugiagbe and Adelebu Agharese Edebiri (Deceased).

(2) AN ORDER granting leave to the Appellants/Applicants to amend the Appellants Notice and Grounds of Appeal to reflect the substitution.

(3) AND for such FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.

The grounds for which the prayers are sought are as follows:

(i) That the 2nd and 3rd Appellants in this case died in the course of prosecuting the Appeal to the knowledge of the surviving parties.

(ii) That the above information came to my knowledge recently.

(iii) That under the Bini Native Law and Custom, it is after the full burial had been completed that the estate o…

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