OKON
V.
EDET

(2007) JELR 51095 (CA)    

Court of Appeal  ·  CA/C/35/2004 ·  17 May 2007 ·  Nigeria
CORAM
NWALI SYLVESTER NGWUTA JCA JEAN OMOKRI JCA
Core Terms Beta
court
suit
order
parties
appeal
trial court
defendant
consent judgment
respondent
final order
good law
lead judgment
order of court
page
trial judge
consent of both parties
elective post
high court
j.s.c
omage jca
original suit
ruling of the court
chairmanship aspirant
chairmanship aspirant of any political party
consent of bothparties
constitution section
correct position
cross river state
decision of the court
decision of the supreme court
declaration of the court
exceptional cases
first order
formal agreement
hearing of the suit
high court of cross river state
judgment of the court
kano state
lauwers import-export ltd v
medium of agreement
none of the above incidents
only competent court
seeksan order
settled matter
settlement tookplace
sole issue
technical sense
uwais jsc

OMAGE JCA (Delivering the Lead Judgment): In this appeal, the respondent commenced an action in the High Court of Cross River State, in which he averred and claimed a declaration of the court that the report of the PublicAccount Committee of the Cross River State, 1996, the defendant now appellant is not qualified to present himself to contest elective post or to present himself as a chairmanship aspirant to contest an elective post under the platform of the PDP.The applicant also seeksan order for perpetual injunction to restrain the defendant from presentinghimself as a chairmanship aspirant of any political party, particularly, PDP in Cross River State. After taking an objection to the originating summons, the court subsequently ordered pleadings and the case was set down for hearing. On the date for hearing, counsel for both parties came to court and informed the court that the matter has been settled, and they urged the court to strike out the suit on 12 May 2003. The court obl…

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