(2007) JELR 39950 (SC)    

Supreme Court  ·  SC.21/2002 ·  16 Feb 2007 ·  Nigeria
Other Citations
Alor v. Ngene (2007) 17 NWLR (Pt.1062) 163 (2007) 2 S.C 1 (2007) 2 S.C 1
Alor v. Ngene (2007) 17 NWLR (Pt. 1062) 163
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria FRANCIS FEDODE TABAI Justice of The Supreme Court of Nigeria
Core Terms Beta
rights of the parties
court of appeal
subject matter
final order
trial court
decision of the trial court
interlocutory decision
interlocutory order
leading judgment
learned trial judge
final decision
high court
decision of the court of appeal
further proceedings
only issue
order of court
above suit
appeal of the appellant
decided cases
determination of suit no. aa
leave of the court
single issue
awka high court of anambra state
clear definition
customary right of occupancy
decision of the trial
detailed review
entire suit of the appellants
f. f. tabai
interlocutory ought
land dispute
learned justices of the court of appeal
mere fact
numerous adjournments
order of a court
order of the trial
plethora of decided cases
provisions of order
said land
service of the second writ of summons
suit nos

U. A. KALGO, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division in which it dismissed the appeal of the appellant and held that the decision of the trial court was interlocutory. The only issue to be, determined by this court in this appeal is whether the decision of the trial court was final or interlocutory.

The appellants who were the plaintiffs in the action, filed 2 separate actions in Awka High Court of Anambra State in suit Nos. AA/36/87 and AA/65/88, against the defendants/respondents. In AA/36/87. filed on 6-4-87 there were 7 defendants and in AA/65/88 filed on 3-5-88. were 9 defendants. The 1st seven defendants in AA/ 65/88 were exactly the same persons as those in AA/36/87. And the claim against the defendants in both suits was exactly the same to wit:-

(1) Declaration that the plaintiffs in possession are entitled to customary right of occupancy in respect of "Ofia Owele" land;

(2) Injunction to restrain t…

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