UZODINMA
V.
IZUNASO & ORS

(2011) JELR 33951 (CA)

Court of Appeal 5 Apr 2011 Nigeria
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- This case involves two consolidated appeals against a judgment of the Federal High Court Abuja. - The appellant filed two notices of appeal, one on 31/1/2011 and the other on 9/2/2011. The notice of appeal filed on 31/1/2011 was struck ou

Case Details

Suit Number:CA/A/51/2011 (2)
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Counsel:MR PAUL EROKORO SAN with him are G. Esegine, C. Onyemaizu, U. Nwosu, G. Orimoloye and B. Omosun For Appellant MR P.I.N. IKWUETO SAN and CHIEF SOLO AKUMA SAN with them are Mrs. O. Menakaya, I. D. Ogugua, P. O. Nwankwo, C. K. Alabi and I. L. UmuduCHIEF OLUSOLA OKE for the 2nd Respondent with him is B. Abdul-azeez.H. M. LIMAN for the 3rd Respondent with him are Y. D. Dangana, T. N. Akosor I. Shuaibu and D. E. Daniel. For Respondent

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This Appeal NO:-CA/A/51/2011 was consolidated with Appeal No:- CA/A/51A/2011 by the order of this Court made on the 28th day of March 2011. The said Appeals are against the Judgment of the Federal High Court Abuja delivered on the 28th day of January 2011.

Briefly, the facts of the case are that the 1st Respondent who was the Plaintiff at the lower Court commenced this action by Originating Summons filed on 11/1/2011. The Originating Summons was later amended on 24/1/2011. (See Pages 192-195 of the Record of Appeal).

The Appellant in response to the Amended Originating Summons filed among others a Counter-Affidavit and written address in opposition to the action. There was also a Notice of Preliminary Objection filed on behalf of the Appellant.

At the conclusion of trial, the learned trial Judge entered Judgment in favour of the 1st Respondent who was the Plaintiff at the lower Court. All the reliefs sought in the Amended Ori…

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