CHINEDU UKWU v. ELDER RAYMOND ASUZU
(2012)LCN/5700(CA)
In The Court of Appeal of Nigeria
On Tuesday, the 4th day of December, 2012
CA/C/05/2009
JUSTICES
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
UZO I. NDUKWE-ANYANWU Justice of The Court of Appeal of Nigeria
JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Between
CHINEDU UKWU – Appellant(s)
AND
ELDER RAYMOND ASUZU – Respondent(s)
RATIO
WHETHER OR NOT AN APPEAL HAS MERIT WHERE THE ISSUES IN A CASE IS SIMILAR TO THAT OF AN EXISTING CASE
The issues in this case is as in appeal No.CA/C/04/09. The facts are the same. The arguments proffered by the parties in it are the same. PER NDEKWE-ANYANWU, J.C.A.
UZO I. NDEKWE-ANYANWU, J.C.A. (Delivering the leading Judgment): The issues in this case is as in appeal No.CA/C/04/09. The facts are the same. The arguments proffered by the parties in it are the same.
I therefore hold as follows. The Appeal is unmeritorious and therefore dismissed. The parties are to go back to the trial as the issues between the parties have not been ventilated and resolved.
Cost to the Respondent is assessed at N50,000.00 against the Appellant.
JOSEPH THE TUR, J.C.A.: I have read the judgment of my Lord, Uzo I. Ndukwe-Anyanwu, J.C.A. and I concur.
MOHAMMED LAWAL GARBA, J.C.A.: I agree.
Appearances
Uche Wisdom Durueke Esq.For Appellant
AND
Chidi Agor Esq.For Respondent
