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IBIAM
V.
IBIAM & ANOR

(2017) JELR 40676 (CA)

Court of Appeal 27 Jan 2017 Nigeria
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- The case involves an appeal against a decision of the Enugu State High Court in favor of the respondent. - The appellant sought a declaration that he is entitled to a grant of letter of Administration in respect of the estate of his late

Case Details

Suit Number:CA/E/151/2006
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:B.C. Okoye, (Mrs) with him, C.E. Ezenwa, Esq. For Appellant Chief Enechi Onyia, SAN with him, C.I. Enechi Onyia, Esq. and E.U. Okechukwu, Esq. for the 1st Respondent (for Legal Aid Council) For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Any determination of a Justice of the Court of Appeal or the Supreme Court is either a decision or an opinion as provided in Sections 294(2)-(5) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered to wit:

294(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.

(4) For the purpose of delivering its decision under this section, the Supreme Court, or the Court of Appe…

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