IKEMEFUNA & ORS
V.
ILONDIOR & ORS

(2018) JELR 38876 (CA)

Court of Appeal · CA/B/148/2008 · 22 Jun 2018 · Nigeria

CORAM

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

respondents

appellants

trial court

learned trial judge

statement of claim

suit no. a

31st may

said judgment

senior counsel

supreme court

suit no.

record of appeal

asaba native court

asaba native court judgment

decision of the trial court

issue no.

judgment of the high court

reasonable doubt

suit no. w

district commissioner

forged judgment

high court of delta state

court of law

judgment of the asaba provincial court

provincial court of asaba

purported judgment of 31st may

set aside

judge of the high court

judgment of asaba high court

judgment of asaba native court

judgment of the asaba high court

judgment of the consolidated suits no. w

judgment of the provincial court of asaba

obi nnaokolo of umuezei

practice of fraud

said decision

spite of the fact

appellants counterclaim

chief orlando olaiya ojo

close of evidence

following issues

following reliefs

judgment suit no.

leading judgment

lower court

notices of appeal

possession of their land

provincial court

purported judgment of the native court of asaba

valid judgment of a competent court

MOORE ASEIMO ABRAHAM ADUMEIN, J.C.A. (Delivering the Leading Judgment): In the High Court of Delta State, holden at Asaba, the respondents were the plaintiffs while the appellants were the defendants in Suit No. A/31/89. As plaintiffs in the lower Court, the respondents amended their statement of claim several times. In their 4th amended statement of claim, the respondent sought the following reliefs:

(i) A declaration that the purported judgment of the Native Court of Asaba of 31st May, 1905 between Obi Onyia and Agwotiti, Oko-Uno, Okwe and Achalla tendered as Exhibit in Suit No. 6/1931 at the Provincial Court of Asaba was a forgery or, at best, could not have been a valid judgment of a competent Court in Asaba in 1905.

(ii) A Declaration that the judgment of the Provincial Court of Asaba in Suit No. 6/1931 between Obi Nnaokolo of Umuezei and Onwuashi, the Okpella of Okwe, was a judgment obtained by the practice of fraud by the plaintiff therein on the trial Court, and therefore null, …

IKEMEFUNA & ORS V. ILONDIOR & ORS

IKEMEFUNA & ORS
V.
ILONDIOR & ORS