(1975) JELR 46206 (SC)    

Supreme Court  ·  SC.253/74 ·  4 Feb 1975 ·  Nigeria
Other Citations
(1975) 1 All N.L.R 17 (1975) 2 S.C. 1
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
high court of biafra
high court of onitsha
judgment of egbuna
decree no.
high court
statement of claim
suit no.
supreme court
east-central state judicial acts
edict no.3
high courts
learned trial judge
okwuosa v
onitsha high court
supreme court of nigeria
advance notice
claim of the plaintiffs
constitutional question
decision of this honourable court
earlier case
east-central state of nigeria
favour of the defendants
following grounds
further acts of trespass
hearing of the appeal
h.e. col. mobalaji johnson
high court of the republic of biafra
independence brewery ltd.
instant case
judicial acts validation edict
leading judgment
learned counsel
learned trial judge ought
mr ajayi
mr anah
perpetual injunction
plan no. l
present appeal
provisions of the federal military government
real problem
relevant rule of court
suit no. sc
support of his contention
supreme military council
take notice
t. o. elias
trial judge

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. 0/106/69 before the high Court of Onitsha, Egbuna, J., gave judgment in favour of the defendants and dismissed the claim of the plaintiffs who claimed as follows:

"1. Title to a piece and parcel of land known as and called' Ani Ofia Udo Okwuefi' as delineated and verged 'pink' in Plan No. L/D. 289 filed with the Statement of Claim.

2. 100 damages for trespass against the defendants jointly and severally.

3. A perpetual injunction to restrain the defendants, their servants and/or agents from further acts of trespass on the said land."

The real problem, which arose for determination in this appeal brought by the plaintiffs was the fact that the Writ of Summons had been issued on July 21, 1969 "in the High Court of the Republic of Biafra", and so had been the Statement of Claim. The Nigerian civil war came to an end about the middle of January, 1970, but the proceedings in the instant case were not resumed until Monday, M…

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