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ZIMAKO
V.
NWOGU & ORS

(2003) JELR 46333 (CA)

Court of Appeal 20 Nov 2003 Nigeria
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Case Details

Suit Number:CA/PH/EPT/224/2003
Judges:SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria DAVID ADEDOYIN ADENIJI Justice of The Court of Appeal of Nigeria
Counsel:Chief M.I. Ahamba (SAN);D.C. Denwigwe For Appellant Chief A.O. Mogboh (SAN);I.R. Mirikweh For Respondent

DAVID ADEDOYIN ADENIJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the National Assembly Governorship and Legislative Houses election Tribunal Imo State delivered on 28/7/03 in Election Petition No. MAET/IMS/2/2003. The lower tribunal found for the respondents in this case but being dissatisfied the appellant appealed against the decision filing 11 grounds of appeal in the process.

The grounds are as per pages 269 - 232 of the record. He then formulated four issues for determination to wit:

(i) Whether on the state of the pleadings and evidence led at the trial the non-compliance pleaded in paragraphs 6, 7 and 8 of the petition were not proved? (Grounds 1, 2, 3 and 4).

(ii) Whether or not the issue of joinder of necessary parties was still open for re-determination by the tribunal after their decision of 26/6/2003 on the same issue in the same petition and in nay case whether sufficient necessary parties were not joined in the petition to sus…

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