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MR. ERIC MBADUGHA ALOZIE v. EMMANUEL E. E. ANANABA & ANOR (2019)

MR. ERIC MBADUGHA ALOZIE v. EMMANUEL E. E. ANANABA & ANOR

(2019)LCN/13306(CA)

In The Court of Appeal of Nigeria

On Monday, the 20th day of May, 2019

CA/OW/169/2018(R)

 

JUSTICES

RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

IBRAHIM ALI ANDENYANGTSO Justice of The Court of Appeal of Nigeria

Between

MR. ERIC MBADUGHA ALOZIE Appellant(s)

AND

EMMANUEL E. E. ANANABA & ANOR Respondent(s)

RATIO

WHETHER OR NOT A COUNSEL SHOULD BE PUT WHEN HE IS ALLEGED TO HAVE ACTED UNETHICIALLY

It has become trite law that when counsel is alleged to have acted unethically or negligently, he should be put on notice by the party alleging unethical or negligent conduct. PER AGBO, J.C.A.

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Lead Ruling): It has become trite law that when counsel is alleged to have acted unethically or negligently, he should be put on notice by the party alleging unethical or negligent conduct. The applicant in the instant case in the affidavit in support of his motion placed the blame for his ignorance of the pendency of the suit at the High Court and its determination squarely on Okey Obikeze of counsel. This application was not served on Mr. Obikeze. His address for service was not set out on the motion paper. Furthermore, this application was filed before this Court by Mr. Emmanuel Ejim who purports to be attorney of Mr. Chukwunwike Eric Mbadugha Anozie and relying on a power of attorney donated to him by Mr. Anozie. It is to be noted that while all the High Court Rules have provisions allowing a Claimant to prosecute his case through an agent, the Court of Appeal Rules has no such provision. The nearest it has is Order 1 Rule 5 of the Court of Appeal Rules 2016 which defines the word ?Appellant? thus ? ?Appellant? means any person who appeals from a decision of the

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Court below and includes a legal practitioner representing such a person in that behalf?. See also S. 30 of the Court of Appeal Act. Mr. Ejim does not purport to be a legal practitioner. This motion is struck out for want of competence.

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree

IBRAHIM ALI ANDENYANGTSO, J.C.A.: I agree

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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Appearances:

Robert ChukwuekeFor Appellant(s)

N. M. NwanyanwuFor Respondent(s)

 

Appearances

Robert ChukwuekeFor Appellant

 

AND

N. M. NwanyanwuFor Respondent