(2014) JELR 39862 (SC)    

Supreme Court  ·  SC.102/2005 ·  9 May 2014 ·  Nigeria
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria
Core Terms Beta
miscarriage of justice
res judicata
appellate court
trial court
inordinate delay
suit no.
ebu people
final addresses
learned justices of the court of appeal
lead judgment
said land
grounds of appeal
judgment of the lower court
leading judgment
parcel of land
exhibit b
following terms
judgment of the learned trial judge
judgment of the trial court
learned justice of the court of appeal
national judicial council
native law
ugwuashi-uku high court
2nd respondents
asaba high court
canvass arguments
court of appeal benin division
defendants appellants
exhibit c
face of the provision of section
facts of the case
issue of estoppels
land suits
learned trial judge odita
notice of appeal
number of exhibits
portion of the disputed land
respective counsel
result of inordinate delay
see owoyemi v
serious miscarriage of justice
such late delivery shows
survey plan no. lus
trial high court
trial ugwashi-uku high court
virtue of the provision of section

SULEIMAN GALADIMA, J.S.C. (Delivering the Leading Judgment): At the trial Ugwashi-Uku High Court of the then Bende State of Nigeria, two suits between two communities were consolidated. In Suit No. 01/11/75, the Appellants herein were the Defendants and in Suit No. 01/11/76, they were the plaintiffs. On consolidation of the two land suits, the appellants were made the Defendants while the Respondents remained as plaintiffs. Suit No. 01/11/75 was first commenced at the Asaba High Court as Suit No. A/30/72, but was later transferred to Ugwuashi-Uku High Court as Suit re-numbered as 01/11/75. On 21/5/76, the Defendants Appellants herein also instituted an action at Ugwuashi-Uku High Court and it was numbered 01/11/76. The 1st and 2nd Respondents admitted in their pleadings that they granted a portion of the disputed land to the 3rd Respondents; hence it was not difficult for the trial Court to consolidate the two actions when an application to that effect was granted on 27/10/78.

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