(2005) JELR 45143 (CA)    

Court of Appeal  ·  CA/E/97/2003 ·  17 Mar 2005 ·  Nigeria
Other Citations
Iloabachie v. Iloabachie (2005) 9 NWLR (Pt.930)362
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JAAFARU MIKA'ILU Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
learned counsel
learned trial judge
3rd appellant
exhibit a
lower court
statement of claim
30th december
exhibits b
grounds of appeal
lead judgment
main appeal
sound reasoning
anambra state
appellate court
brother j.o. ogebe
case of obalaja v
court of appeal
criminal proceedings
decisions of the federal high court
evidence given
exhibits band c
final decision of the court
first issue
following cases
high court
high court of ogidi
interlocutory appeal
interlocutory rulings of the trial court
land dispute
leading judgment
leave of the trial court
mere fact
minutes of any meeting
minutes of family meetings
order admitting
questions of law
second issue

OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal arose from a land dispute between the respondent and the appellants in the High Court of Ogidi, Anambra State where the respondent sued the appellants in respect of family property. During the course of hearing, some documents namely exhibits A, B and C were sought to be tendered and an objection was raised to their admissibility by the appellants' counsel. The trial court admitted them without giving any reasons. Evidence was also being laid on facts not pleaded and the learned counsel to the appellants objected and was overruled on each occasion without any reason assigned by the court. All these rulings took place on the 19th of March, 2002.

Dissatisfied with the rulings, the appellants appealed to this court on six (6) grounds of appeal. No leave of the trial court or this court was sought to appeal from the interlocutory rulings of the trial court and I would have been minded to strike out the appeal but for the fact t…

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