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AWHINAWHI & ANOR
V.
OTERI & ORS

(1984) JELR 40106 (SC)

Supreme Court 7 May 1984 Nigeria
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Case Details

Suit Number:SC.31/1983
Judges:GEORGE SODEINDE SOWEMIMO JSC AYO GABRIEL IRIKEFE JSC MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC ANTHONY NNAEMEZIE ANIAGOLU JSC AUGUSTINE NNAMANI JSC
Counsel:Mr. A. O. Akpedeye For the Appellant; Mr. F. H. Eduvie For the Respondent.
Other Citations:(2019) JELR 60747


SOWEMIMO, C.J.N.: (Presiding): There was no proper ground of appeal filed before the Court of Appeal. The additional grounds of appeal which were later filed by leave of court were out of time. Therefore there was no proper appeal before the Court of Appeal and it was outside its jurisdiction to entertain it and give judgment. In the circumstances of this appeal therefore, the judgment of the Court of Appeal must be set aside. The judgment of the High Court from which the respondents had appealed is the only subsisting judgment in this matter and will therefore be restored.

The appeal is therefore allowed and the respondents will pay ₦300 to the appellants.

IRIKEFE, J.S.C.: There being, on the admission of counsel for the parties no proper appeal pending before the Court of Appeal when that court purported to deal with this matter, this appeal is allowed and the judgment of the Court of Appeal dated 27/2/1981 is hereby set aside and the decision of the court of first instance is here…

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