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CaseLaw

Nwora Vs. Nwabueze (2013) CLR 5(d) (SC)

Judgement delivered on May 17th 2013

Brief

  • Non compliance with rules of court
  • Order 8 Rule 1 Court of Appeal Rules 2007

Facts

On 3rd March, 2009, the Appellants appeal No. CA/E/30/2009 pending at the Enugu Division of the Court of Appeal came up before that Court for striking out for non-compliance with the rules of Court. The record of appeal at page 333 shows that the parties were absent and not represented. The record of appeal at page 332 also shows that a certificate of non-compliance with conditions imposed upon a would be Appellant issued and signed by the Registrar of the trial High Court on 27th January, 2009 and filed the following day in the Registry of the Court of Appeal, was before the Court of Appeal on the 3rd day of March, 2009. The non-compliance Notice said to have been issued under Order 8 Rule 1 of the Court of Appeal Rules 2007 reads -

  • "Pursuant to Order 8 Rule 1 of the Court of Appeal Rules 2007, I hereby certify that the Appellants in the above have not the complied with the requirements of Order 8 Rule 1.
  • Dated at Awka the 27th day of January, 2009
  • V. O. Osieme (Mrs.)
  • Asst. Chief Liigation,
  • Awka Judicial Division"

The Court of Appeal therefore in the absence of the parties considered the Notice of Non-Compliance filed by the Registrar of the trial High Court and struck out the Appellants appeal. The short but very clear Ruling of that Court at page 333 of the record of appeal reads -

  • "The Registrar has issued a notice of non-compliance with the Rules and there is no pending application for departure from the Rules. The appeal is therefore struck out.”

The Appellants who were not happy with this order of the Court of Appeal Enugu striking out their appeal, have appealed to this Court

Issues

Considering the antecedent of this appeal, and the clear provisions of Order 8 and...

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