ADAMA
V.
ONOJA

(2003) JELR 50892 (CA)

Court of Appeal · CA/A/28/2001 · 30 Jun 2003 · Nigeria

CORAM

GEORGE A. OGUNTADE, JCA (Presided and Read the Judgment) IBRAHIM TANKO MUHAMMAD, JCA ALBERT GBADEBO ODUYEMI, JCA

Core Terms ^Beta

aforesaid okpo upper area court

grounds of appeal

2nd defendant

trial court

upper area court

following orders

full hearing of the case

idah court

judgment of the lower court

said judgment

consolidation of this case inspite of the objection

additional grounds of appeal

suit no.

1st respondent

consolidated suit

notice of appeal

okpo upper area court of kogi state

2nd grounds

lower court

lead judgment

different parties

plaintiff’s counsel

ownership of a parcel of land

common question of law

misapprehension of the facts

order of consolidation

brief attempt

particulars of error

judgment of the upper area court

said ground

present appellant

high court of kogi state

appeal

consolidation

less raise

suit of his own no. cv

legal implication of consolidation

common ancestor

findings shows

judgment of the trial court

1st defendant

mr. igoche counsel

clear case

mere presumption

alhaji a.f.m. agbaji

plaintiff

competence of the grounds of appeal

brief read

OGUNTADE, JCA (Delivering the Lead Judgment): The appellant was the plaintiff in suit No. 006/96 before the Okpo Upper Area Court of Kogi State. He sued the 1st respondent over the ownership of a parcel of land called Oko-Amaja in Kogi State. Whilst the suit was pending before the aforesaid Okpo Upper Area Court, the 2nd defendant initiated a suit of his own No. CV 033/97 against the plaintiff (i.e. present appellant) in suit No. 006/96.

On 21/8/96, following an application by plaintiff’s counsel in suit No. 006/96, which said application was vehemently opposed by counsel for the defendant in suit No. CV/033/96, the Okpo Upper Area Courtconsolidated the two suits for hearing. After the consolidation, evidence was taken from witnesses. However, the consolidated suit was later transferred to the Upper Area Court, Idah for hearing de novo . On 29/7/98, before the Idah Court, Mr. Igoche counsel for the defendant in 006/96 made an application that the suits be de-consolidated. The appli…

ADAMA V. ONOJA

ADAMA
V.
ONOJA