Customer Support

UMEH
V.
UMEH & ORS

(2018) JELR 39272 (CA)

Court of Appeal 30 Apr 2018 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellant died after parties had exchanged briefs; an initial application to substitute was withdrawn, leading the Court to strike out the appeal under Order 15 Rule 3 of the Court of Appeal Rules 2011. - Subsequently, the applicant,

Case Details

Suit Number:CA/OW/223/2012(R)
Judges:RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Counsel:F.C. Ohajuru For Appellant For Respondent

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The appellant in this appeal died and was buried on 4th September 2015. Before his death the parties had exchanged briefs of argument. The applicant on 21-9-15 brought an application before the Court seeking to substitute the deceased appellant. He withdrew the said motion on 18-10-16. On the same date the Court struck out the appeal pursuant to Order 15 Rule 3 of the Court of Appeal Rule 2011. On 23-11-2016 the applicant filed this motion seeking:

1. An Order substituting the Applicant in the place of the Appellant who is deceased.

2. An order restoring/relisting on the hearing list Appeal No. CA/OW/223/2012 GODWIN UMEH V. CLEMENTINA UMEH and 2 ORS. Struck out from cause/hearing list on 18/10/2016 because of the death of the appellant.

In support he filed his affidavit in wherein he claimed to be the eldest son of the deceased appellant; the dispute is related to land and survives the appellant and that the Respondents will not b…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.