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OKOYE & ORS
V.
ARUEZE

(2017) JELR 37909 (CA)

Court of Appeal 9 Jun 2017 Nigeria
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Case Details

Suit Number:CA/B/442M1/2016(R)
Judges:SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:I. S. Oluwagbemiga, Esq. For Appellant Mrs. P.E. Chukwu For Respondent

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Lead Ruling): This is a motion on notice filed on 27/03/2017 by the respondent/applicant seeking for an order dismissing the appeal filed on the 15th day of November, 2016 against a decision delivered on the 4th day of October, 2016 on the following grounds:-

1. That the Notice of Appeal was filed on 15th day of November, 2016.

2. That despite filing this Notice of appeal, the Appellants/Respondents have failed, neglected and or refused to compile the records of appeal and transmit same to this Honourable Court.

3. The Appellants/Respondents have abandoned the appeal.

The application has in its support an affidavit of 10 paragraphs and 2 exhibits Exhibits A and B.

On 15/05/2017, the motion on notice was moved. Learned counsel for the respondent/applicant relied on the application processes and urged the Court to grant it.

Learned counsel for the appellants/respondents agreed that they had not compiled the record of appeal in respect of th…

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