(2018) JELR 38876 (CA)    

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

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