GARAN
V.
OLOMU

(2013) JELR 51064 (SC)    

Supreme Court  ·  SC. 98/2001 ·  12 Apr 2013 ·  Nigeria
 · 
Other Citations
Garan v. Olomu (2013) 11 NWLR (Pt. 1365) 227
CORAM
WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) MUHAMMAD S. MUNTAKA-COOMASSIE JSC NWALI SYLVESTER NGWUTA JSC OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC (Read the Lead Judgment)
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MUHAMMAD JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, hereinafterreferred to as the court below, setting aside the judgment of the Delta State High Court, otherwise referred to as the trial court in this judgment, delivered on 26 September 1996 in suit No. W/10/1986 and remitting same to the trial court for retrial before a judge other than James Omo-Agege CJ against whose judgment the defendant/respondent/cross-appellant’s appeal was allowed.

Dissatisfied by the judgment, the plaintiff at the trial court who was the respondent at the court below has with leave, appealed to this court on a notice of appeal, see pages 313 - 317 of the record of appeal containing five grounds. It is pertinent to also note that the defendant at the trial court has similarly cross-appealed against the judgment of the court below on a notice of appeal containing four grounds.

The respondent who has raised and argued a preliminary objecti…

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