NZEAKO JCA (Delivering the Lead Judgment): The appellant in this appeal was the plaintiff in a suit which he filed at the High Court of Justice Otukpo, Benue State of Nigeria. The respondents were the defendants therein. The appellant, the 1st respondent and one other person, not a party to the suit, had contested for the district-headship of Apa district, in Benue State sometime in 1991. It was the lst respondent who won. The appellant being aggrieved, brought the said action. Parties therein exchanged pleadings and on 22/2/93, trial commenced and the plaintiff’s first witness began to testify. The matter was adjourned to a later date for continuation. On 18/ 10/94 when the matter came up for continuation, although the plaintiff himself was present in court, his counsel was absent. Whereupon Tur J., the learned trial Judge struck out the suit. On application however by the plaintiff, the learned trial Judge relisted the suit on 23/11/94 which to my mind was wrongly struck out. He t…
OTOKPA
V.
OGENYI
(2005) JELR 54224 (CA)
Court of Appeal 7 Feb 2005 Nigeria
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Case Details
Suit Number:CA/J/9/96
Judges:ALOMA MARIAM MUKHTAR JCA (Presided) IFEYINWA CECILIA NZEAKO JCA (Read the Lead Judgment) IKECHI FRANCIS OGBUAGU JCA
Counsel:C. E. Adah Esq - for the Appellant
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J. A. Omakwu Esq. - for the 1st Respondent
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A J. A. Otokpa Esq. - for the 2nd and 4th Respondents
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M. E. Ojeh Esq. (senior legal officer, Ministry of Justice, Benue State) - for the 3rd and 5th Respondents
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