MR. Bob Kay Njemanze V. MR. Vincent Akujobi Ehirim (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Lead Ruling)

?MR. OPARA: Says ?we agree with the Court that our notice of appeal is incompetent. We wish to withdraw the appeal. Says the originating summons that founded the suit at the Federal High Court is also incompetent.

RULING
This appeal is against the judgment of the Federal High Court in FHC/OW/CS/66/2005. There is also a cross-appeal relating thereto. The appellant?s counsel has agreed with us that the notice of appeal which initiated this appeal is incompetent having not been signed by either the appellant or counsel on his behalf. It is also to be observed that the originating summons that initiated suit no. FHC/OW/CS/66/2005 was also not signed by the plaintiff nor counsel on his behalf. This fundamentally affects the entire proceeding both at the High Court and in this Court or they are all incompetent.

Both this appeal and cross-appeal and the originating summons are hereby struck out.

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Other Citation: (2017)LCN/9861(CA)

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