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CaseLaw

Assams & Ors V. Ararume & Ors (2015) CLR 12 (c) (SC)

Judgement delivered on December, 11th 2015

Brief

  • Interested party.
  • Interpretation of statute.
  • Right of Appeal.
  • Leave to Appeal.
  • Audi Alteram Partem.

Facts

The 1st respondent (plaintiff) sued the 2nd – 4th respondents (defendants) at the Federal High Court, Abuja based on the nomination of its governorship candidate for Imo State Governorship Election, 2015.

The appellants’ filed an application to be joined as co-defendants’ to the action. The Court ordered the application for joinder be heard with the substantive suit for accelerated hearing and its determination.

Dissatisfied with the directive of the court, the appellants’ filed a notice of appeal to the court of appeal.However,the Court of Appeal ruled that since the Appellants’ are not parties to the suit but person’s interested, they can only appeal if they obtained leave to appeal.Hence,the appeal was struck out for being incompetent.

Dissatisfied, the appellants appealed to the Supreme Court.

Issues

Whether the Court of Appeal was, right in holding that the Appellants' appeal was...

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