CHIEF FIDELIS ELUGWARAONU & ORS v. MR. CHRIS MBAH & ORS
(2018)LCN/12352(CA)
In The Court of Appeal of Nigeria
On Monday, the 12th day of February, 2018
CA/OW/219/2017
RATIO
APPEAL: WHERE AN INTERLOCUTORY APPEAL IS MADE AGAINST THE DECISION OF THE LOWER COURT
“We hereby invoke the provision of Paragraph 10 (b) of the Court of Appeal Practice Direction, 2013. We are of the firm view point that the grounds raised in the appeal are such that this Court can conveniently determine by way of an appeal arising from the final judgment of the Court below. The instant appeal is accordingly struck out. The Court below is hereby ordered to accord accelerated/expeditious hearing to the matter which has languished in the Court below since 2011.” PER MASSOUD ABDULRAHMAN OREDOLA, J.C.A.
JUSTICES
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Between
CHIEF FIDELIS ELUGWARAONU & ORS Appellant(s)
AND
MR. CHRIS MBAH & ORS Respondent(s)
MASSOUD ABDULRAHMAN OREDOLA, J.C.A.(Delivering the Leading Judgment):
Court: This is an interlocutory appeal against the decision of the Imo State High Court delivered on 25/04/17 in Suit No. HAM/31/2011. We hereby invoke the provision of Paragraph 10 (b) of the Court of Appeal Practice Direction, 2013. We are of the firm view point that the grounds raised in the appeal are such that this Court can conveniently determine by way of an appeal arising from the final judgment of the Court below. The instant appeal is accordingly struck out. The Court below is hereby ordered to accord accelerated/expeditious hearing to the matter which has languished in the Court below since 2011.
ITA GEORGE MBABA, J.C.A.: I agree
TUNDE OYEBANJI AWOTOYE, J.C.A.: I agree.
Appearances:
J. O. Emelike, Esq.For Appellant(s)
C. I. Chiwike, Esq.For Respondent(s)
