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OJONYE
V.
ONU & ORS

(2018) JELR 39331 (CA)

Court of Appeal 19 Apr 2018 Nigeria
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- The appellant sought to change counsel after the conclusion of hearing and after the suit had been adjourned for judgment, but failed to comply with Order 47 Rules 1 and 2 of the High Court of Benue State (Civil Procedure) Rules, 2007, wh

Case Details

Suit Number:CA/MK/116A/2014
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:C.C Umeh Esq., holding the brief of J.E Chukwuemeka Esq. For Appellant K.C. Ikonne Esq.for 1st Respondent No appearance for the 2nd and 3rd Respondents. For Respondent

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This interlocutory Appeal by the Appellant is against the Ruling of Kpojime J., of the High Court of Justice, Makurdi, Benue State delivered on March 20, 2013 in Suit No. MHC/400/2012 on March 20, 2013 refusing the Appellant's (then Plaintiffs) application for change of Counsel on the ground of non-compliance with the provisions of Order 47 Rules 1 and 2 of the High Court of Benue State (Civil Procedure) Rules, 2007, and striking out the motion on notice filed on behalf of the Appellant by a legal Practitioner who was not a Counsel in the matter.

The Appellants suit which was initiated via an Originating Summons dated the November 21, 2012, was filed on the same day. The suit was initiated and filed by the Appellants Counsel, A.I Wombo Esq., of the Law Firm of Wombo, Igba and Company, No. 6 Old Otukpo Road, High Level, Makurdi. The 1st Respondent, who was the 1st Defendant at the trial Court, subsequently entered appearan…

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