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TOM & ANOR
V.
TOM & ORS

(2022) JELR 110917 (CA)

Court of Appeal 2 Nov 2022 Nigeria
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Case Details

Suit Number:CA/PH/716/2017(R)
Judges:Ridwan Maiwada Abdullahi JCA Gabriel Omoniyi Kolawole JCA Olabode Abimbola Adegbehingbe JCA
Counsel:K. D. Ehio for the Appellants; Victor Amadi,Esq. for the Respondents.

OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A. (Delivering the Lead Ruling): This ruling concerns a motion on notice filed on 27/11/2019 by the respondents/applicants, praying for: 

"1. AN ORDER of the Honourable Court to dismiss the appeal for being incompetent and for want of jurisdiction. 

2. …” 

The grounds for the application are stated as follows: 

"1. That this present appeal is the same with the old appeal which the Appellant/Respondents filed in 2017 (APPEAL NO. CA/PH/716/2017) which was determined by this Honourable Court on 22-01-2019 on the ground that leave of either the lower Court or this Honourable Court was not first sought and obtained before filing the notice of appeal on 01/11/2017. 

2. That following the order granted by this Honourable Court on 22-01-2019 the Appellant/Respondents filed a fresh Notice of Appeal on 31-01-2019 but failed to compile and transmit fresh records of appeal with the fresh appeal number as required by the Rules of this Court. 

3. That the Appellants/R…

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