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DIBIAMAKA
V.
OSAKWE

(1989) JELR 40349 (SC)

Supreme Court 9 May 1989 Nigeria
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Suit Number:SC.136/1985
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria EBENEZER BABASANYA CRAIG Justice of The Supreme Court of Nigeria
Counsel:O. Oyewole (with him, O. Oladitan) For Appellant M. A. Agbamuche, S.A.N. (with him, G. C. Ohen and M.A. Agbamuche (Jr.) For Respondent
Other Citations:Diabiamaka v. Osekwe (1989) NWLR (Pt.107) 101 (1989) ALL NLR 472

OPUTA, J.S.C. (Delivering the Leading Judgment): This was a three-cornered fight between the plaintiffs who sued for themselves and on behalf of and as representing the people of Umuonai Quarters of Akwukwu. The original named plaintiffs were Crawford K. Anyekonwu, Michael Onyekwena and Daniel Dibiamaka. With the deaths of the 1st and 2nd named plaintiffs an application for their substitution was made. The result is the present named plaintiffs. There were also similar necessary consequential substitutions among the ranks of the defendants resulting in the present named defendants.

Originally two suits were filed in the Asaba Judicial Division of the Bendel State High Court, namely, Suits No. A/81/67 and No. A/18/71. By an order of the trial High Court made on the 16th November, 1973, these two suits were consolidated as follows:-

The plaintiffs in Suit No. A/18/67 became the plaintiffs in the consolidated action while the plaintiffs in A/18/71 became the 1st Set of defendants and the…

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