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ATTORNEY GENERAL 2 ORS
V.
MR. FRIDAY MATHEW AKADIAHA & ORS

(2019) JELR 87171 (CA)

Court of Appeal 8 Mar 2019 Nigeria
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- The appellants challenged the competence of the respondents’ written statements on oath in the High Court of Akwa Ibom State, contending non-compliance with Section 13 of the Oaths Act and Order 3 Rule 2(1)(c) of the Akwa Ibom State High

Case Details

Suit Number:CA/C/387/2018
Judges:MOJEED ADEKUNLE OWOADE JCA OBANDE FESTUS OGBUINYA JCA MUHAMMED LAWAL SHUAIBU JCA
Counsel:Kingsley Umo (Asst. Dir. Akwa Ibom State) For Appellant. Livinus Udofia, Esq. for 1st Respondent. Nsikak Udo Assang, Esq. for 2nd Respondent. Francis Ekanem, Esq. for 3rd- 7th Respondents.

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Akwa Ibom State sitting at Eket presided over by Hon. Justice Eno Isangedighi in suit No. HEK/21/2016 delivered on 19/6/2018 overruling the appellants preliminary objection.

By the Writ of Summons taken out on the 7/4/2016 the 3rd  7th respondents made sundry claims against the appellants and the 1st and 2nd respondents at the lower Court.

Upon being served with the originating processes, the appellants herein as 3rd and 4th defendants entered appearance and filed a defence. They in addition filed a notice of preliminary objection challenging the competence of the Writ of Summons to wit; not properly swearing to the oaths before presenting the witness depositions to the commissioner for oaths.

After arguments of counsel for both sides and in a reserved and considered ruling delivered on 26/7/2018, the learned trial judge at page 486 of the record of appeal held as foll…

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