(2018) JELR 38692 (CA)    

Court of Appeal  ·  CA/E/89/2018 ·  18 Jul 2018 ·  Nigeria
OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSSAINI Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
trial court
abuse of court process
grounds of appeal
notice of appeal
interlocutory decision
learned trial judge
provisions of section
exercise of discretion
findings of facts
question of law
subject matter
suit no. o
subject of this appeal
decision of the trial court
2nd respondents
3rd respondent
notice of preliminary objection
points of law
scnj p
s.c p
2nd defendants
above issue of admissibility
above reproduced decision of the trial court
appellants notice of appeal
briefs of argument
circumstances of this case
considered decision of the trial court
court road
decision of the high court of anambra state
defendants counsel
extant constitution of the f. r. n.
following reliefs
following words
grounds of facts
honourable court
law firm of onyechi ononye
order invalidating
plaintiffs suit no. o
prior leave of court
processes of the defendants
question of fact
said application of the appellants
said stations
said suit
state high court
substantive suit

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Anambra State holden at Onitsha (hereinafter called "the trial Court") delivered on 23rd of November, 2017 in Suit No. O/303/2016.

At the trial Court, the 1st and 2nd Respondents as plaintiffs vide their Writ of Summons and Statement of Claim filed on 6th of September, 2016 sued the Appellants and 3rd Respondent as 1st, 3rd, 4th and 2nd defendants respectively and claimed as follows (unedited):

(a) AN ORDER invalidating and setting aside the purported Document(s) title Resolution of and Addendum to the Resolution of family meeting of Okposieke family dated the 9th day of May, 2010, authorizing the 1st Defendant to recover any Okposieke family land.

(b) A Declaration that any sale, gift and or distribution of the said surrendered or released family lands by the 1st Defendant both to members and non-members of Okposieke family by the 1st Defendant is null and v…

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