A. B. WALI, J.S.C. (Delivering the Leading Judgment): The appeal is against the Ruling of the Court of Appeal, Enugu in CA/E/IM/89, delivered on 10th October, 1989 in which Oguntade, J.C.A (With whom Kutigi and Katsina-Alu, J.J.C.A. agreed), granted the present respondent leave to appeal to the Supreme Court:
The facts of this case, as set out in the Ruling of Oguntade J.C.A, are as follows-
The respondent/appellant Clement Ezenwosu was the plaintiff in suit No. AA/44/72 in which he claimed against Aaron Ngonadi (now deceased) for a declaration of title and injunction in respect of a parcel of land situate at Umuchu in Aguata Local Government Area of the then Anambra State of Nigeria. At the end of the trial the learned trial judge, Obi Okoye delivered judgment on the 4th March, 1977 in favour of the plaintiff/respondent granting the two reliefs he asked for.
Sequent to the trial court's judgment, Peter Ngonadi, (the son of Aaron Ngonadi), filed an application in the Court of Appeal E…