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ABIA LINE NETWORK CO. LTD v. EKWUEME BROS ELECTRICAL AND GENERAL CONTRACTORS & ANOR

(2018) LPELR-45760(CA)

In The Court of Appeal of Nigeria

On Thursday, the 4th day of October, 2018

CA/OW/55/2017


Before Their Lordships

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria


Between

ABIA LINE NETWORK CO. LTD - Appellant(s)

AND

EKWUEME BROS ELECTRICAL AND GENERAL CONTRACTORS & ANOR - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.
FACTS:
This appeal is against the ruling of the Abia State High Court delivered on 11-1-17.

The appellant's notice of appeal was contained at pages 118 to 123 of the record of appeal. It was challenging a ruling of the High Court delivered on 17 January, 2017. The said record was held to contain no such ruling and that there was nothing in the notice of appeal that brought it within the ambit of Order 7 of the Court of Appeal Rules 2016.
ISSUES:
The Court determined the appeal on the competence of the Notice of Appeal.
DECISION/HELD:
On the whole, the Court held the Notice of Appeal to be incompetent and accordingly struck out same.


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