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CaseLaw

Okpe V. Fan Milk Plc & Anor. (2016) CLR 12(j) (SC)

Judgement delivered on December 9th 2016

Brief

  • Meaning of Notice
  • Notice of Appeal
  • Defective Notice of Appeal
  • Jurisdiction
  • Court processes
  • Section 2(1) of the Legal Practitioners Act, (and now in Section 24 of the Legal Practitioners Act, LFN 2004)
  • Section 36 of the 1999 Constitution

Facts

The Appellant herein instituted an action against the Respondents at the Plateau State High Court of Justice, Jos claiming that the sale of the property situate, lying and being at No.86, Yakubu Gowon way, Jos covered by C of O No BP 1373 was done without obtaining prior consent of the Governor of the State.

Hence, the purported sale, tainted with secrecy and bad faith thereby making it unlawful and of no legal effect among others.

The 1st and 2nd respondents both filed their statement of defence while the 2nd respondent filed a counter-claim.

At the end of trial, the learned trial judge delivered judgment in favour of the Appellant against the respondents.

Dissatisfied, the respondents filed an appeal to the Court of Appeal which allowed the appeal by setting aside the judgment of the trial court.

Aggrieved, the Appellant appealed to the Apex Court.

Issues

Whether or not the judgment of the lower court allowing the respondents’ appeal...

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