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CaseLaw

Apeh & Ors V. PDP & Ors (2016) CLR 1(ZB) (SC)

Judgement delivered on January 22nd 2016

Brief

  • Representation action
  • Notice of Appeal
  • Leave to Appeal
  • Service of Process
  • Order 2 Rule 8 of the Supreme Court Rules 2005 (as amended)
  • Section 36 (1) of the 1999 Constitution (as amended)

Facts

By Motion on Notice, the applicants herein prayed the Supreme Court for the following reliefs:

  • 1
    "An order granting leave to substitute the names of Barrister Orji Chinenye Godwin, Chief C. C. Akalus and Chief Orji C. Orji who were the first to third respondents at the lower Court with Ejiofor Apeh, Ude Celestine and Ossai Moses, appellants/applicants in this appeal;
  • 2
    An order deeming the already filed processes of the appellants/applicants before this Honourable Court as properly filed and served;
  • 3
    And for such further or other orders that this Honourable Court may deem fit to make in the circumstance."

The 1st to 3rd respondents at the Court below stated that they were no longer pursuing the appeal to this Court and sought to leave the said appeal. There arose then a need to substitute their names with the applicants. It was stated by the other respondents that the substitution was authorised by the ward delegates elected for Enugu State.

Issues

Whether this Honourable Court has the power to grant this application in the circumstances of this case?...

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