DENNIS OKWU & ORS v. JAMES ONYENAKA
(2016)LCN/8663(CA)
In The Court of Appeal of Nigeria
On Wednesday, the 25th day of May, 2016
CA/OW/300/2012(R)
JUSTICES
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria
ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria
FREDERICK OZIAKPONO OHO Justice of The Court of Appeal of Nigeria
Between
DENNIS OKWU & 2 ORS Appellant(s)
AND
JAMES ONYENAKA Respondent(s)
RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): The Respondent in paragraph 7 of the counter-affidavit filed on 18-5-16 informed the Court that the 3rd Respondent on record Vitalis Ugweme was never a party to the dispute. He is correct. Vitalis Okwu is not set out in the notice of appeal. If the 3rd Appellant has never been a party to the dispute, he has not business in the notice of appeal and ought to be struck. The name of the 3rd Appellant is hereby struck out from the notice of appeal filed on 23-2-12. Appeal set down for hearing 27-10-16.
ITA GEORGE MBABA, J.C.A.: I agree
FREDERICK OZIAKPONO OHO, J.C.A.: I agree
1
Appearances:
L. N. Alozie with him, O. C. Nwanedo (Mrs.), O.C. Nnadugwu, K. Okoroafor, Miss C.O. Egbufor and Miss C.K. EdoFor Appellant(s)
Prof J. O. L. EzealaFor Respondent(s)
Appearances
L. N. Alozie with him, O. C. Nwanedo (Mrs.), O.C. Nnadugwu, K. Okoroafor, Miss C.O. Egbufor and Miss C.K. EdoFor Appellant
AND
Prof J. O. L. EzealaFor Respondent



