Col. Imuse, Okah Win Round One in The Court of Appeal As Court Refuses to Dismiss the Appeal Filed by Col. Imuse, Orders Accelerated Hearing
In Appeal No. CA/B/05/2020:Col. David Imuse (Rtd.) v. Anselem Ojezua & 2 Ors., the Court of Appeal Benin, dismissed the Motion filed by Anselem Ojezua & Ors asking the court to dismiss the Appeal filed by Col. Imuse and Lawrence Okah and ordered parties to file their brief of argument expeditiously.
The Court held Per Justice Abraham Georgewill, Justice of the Court of Appeal, held that the Appeal raises serious issues of Jurisdiction and Abuse of Court Process that can be considered by the Appeal Court at Interlocutory Stage as Provided for by Paragraph 2 (B) and the proviso thereto of the Court of Appeal Practice Direction, 2013.
The court also however, refused to grant motion for stay of proceedings in the lower court and assured parties that the appeal will be determined expeditiously.
Counsel who appeared for the Appellates at the Ruling were Douglas Ogbankwa Esq., Famous Osawaru Esq., and K.M Jimoh Esq., representing the Chanbers of West-Idahosa & Co.
Counsel who appeared for the 1st, 2nd and 3rd Respondents were Santos Awootori Esq. With Easter Olatuji Esq. Of Ken Mozia (SAN) & Co.
The 3rd respondent was unrepresented.
The Court however did not Stay Proceedings of the Lower Court as it a Matter that requires expeditious determination.
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