(2015) JELR 40296 (CA)    

Court of Appeal  ·  CA/C81/2013 ·  27 Jul 2015 ·  Nigeria
CHIOMA EGONDU NWOSU-IHEME Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria PAUL OBI ELECHI Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
3rd respondents
31st july
3rd defendants
learned counsel
3rd respondents motion
issue no.
2nd respondent
31st day of july
3rd respondent
learned trial judge
oral application
appellant counter affidavit
combination of set of facts
formal application
high court
oral application of the appellant
paul obi elechi
ruling of 31st july
3rd defendant motion
above order
agent of 1st defendant of all times material
akwa ibom state
appellant counsel oral application
breach of the appellants
brief of argument
chairman of a labour committee
civil procedure
concurring opinion
constitutional right of fair hearing
delivery of the ruling
discretion of the court
employment opportunities
facts of the case
honouroble court
interest of the community
interlocutory ruling of the akwa ibom state high court
leading judgment
lower court chase
present situation
saraki vs kotoye
trial judge

PAUL OBI ELECHI, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the interlocutory Ruling of the Akwa Ibom State High Court sitting at High Court 2, Eket delivered on the 31st day of July, 2012 by his Lordship Hon Justice Ekerete A. Ebienyie whereby the names of the 1st and 3rd Respondent who were Defendants at the Lower Court were struck out.


The Appellant was appointed Chairman of a Labour Committee by Chiefs that make up what is called Edo group of villages to represent the interest of the Community by liaising with Companies operating in their domain for slots, employment opportunities meant for the Community, a function earlier on undertaken by the 2nd Respondent. The expression of interest was done through an irrevocable power of Attorney and was to last till August, 2013.

The 1st and 3rd Respondents who had earlier had dealings with the 2nd Respondent in that regard despite the change of position made known to them to continue to deal with the…

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