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UBI & ANOR
V.
UBI

(2016) JELR 41443 (CA)

Court of Appeal 16 Sep 2016 Nigeria
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- The present appeal is based on a ruling by the High Court of Cross River State in Suit No, HUG/30/2013, which dismissed the Appellants' suit seeking to set aside a consent judgment delivered in Suit No. HUG/31/2010. - The Appellants filed

Case Details

Suit Number:CA/C/379/2013
Judges:IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria JOSEPH OLUBUNMI KAYODE OYEWOLE Justice of The Court of Appeal of Nigeria
Counsel:MR. E. A. OCHETEN For Appellant MR. I. U. ONEN, ESQ. For Respondent

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is consequent upon the ruling of the High Court of Cross River State, holden at Ugep Judicial Division, delivered on October 31, 2013 in Suit No, HUG/30/2013. By the said ruling, the Court below, coram E. E. Ita, J; dismissed the Appellants' suit seeking to set aside the consent judgment delivered in Suit No. HUG/31/2010 on October 31, 2012. Aggrieved by the said decision, the Appellants filed the notice of appeal thereof in the Court below on November 5, 2013.

BACKGROUND FACTS

On August 19, 2013, the Appellants filed the instant suit in the Court below thereby seeking against the Respondent inter alia some declaratory reliefs:

''a. An Order setting aside the purported consent judgment delivered in Suit No. HUG/31/2010 by Honourable Justice Michael Edem of the High Court of Cross River State sitting in Ugep on the 31st October, 2012 and to set down the case HUG/31/2010 for hearing on the judgments…

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