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EGBOKA & ORS
V.
UMEAKUANA & ANOR

(2017) JELR 37971 (CA)

Court of Appeal 12 May 2017 Nigeria
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- The dispute concerned ownership and possession of land (IHE MBACHU) at Ozara Akukwa village, Umuchu, with cross-claims between two kindreds (Umuokwe vs. Umu-Umeonaku) in consolidated suits before the Customary Court, Achina, Anambra State

Case Details

Suit Number:CA/E/365/2013
Judges:HELEN MORONKEJI OGUNWUMIJU JCA TOM SHAIBU YAKUBU JCA JOSEPH TINE TUR JCA
Counsel:Emeka Nwankwo, Esq. with C. E. Anyachebele, Esq. For the Appellants. Dr. E.A.C. Obiorah, Esq. with him, C.E. Ayadele, Esq. and Miss M.H. Osuogo For the Respondents.

JOSEPH TINE TUR, J.C.A.(Delivering the Leading Judgment): Section 294(2)-(3) of the Constitution of the Federal Republic of Nigeria, 1999 as altered reads as follows:

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

The legislative intention is that any determination by a Justice of the Supreme Court or the Court of Appeal is either a decision or an opinion. It is a matter of choice. I have headed this determination decision to conform with the abov…

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