IGBODIM & ORS.
V.
OBIANKE & ORS.
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Upgrade required to show details A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): We allowed this appeal on the 7th day of June, 1976, and now give our reasons:
The writ of summons by which the proceedings in this matter were commenced was issued out of the Benin Judicial Division of the High Court of Justice, Western Region of Nigeria on the 24th day of May, 1961. When the Mid-Western Region was created in 1963, the action was continued in the High Court of Justice, Mid-Western Region to hearing and determination on 21st February, 1966. Being dissatisfied with the judgment of the High Court of the Benin Judicial Division, the plaintiffs appealed to the Supreme Court. The Supreme Court on the 14th day of July, 1969, allowed the appeal and remitted the case to the High Court of Mid-Western State for hearing de novo by the appropriate High Court. The case was then listed in the High Court of Agbor Judicial Division and after amendment of pleadings, it came up for hearing before Aghoghovbia, J. Following the…
