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…

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