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ISRAEL
V.
ORURUO & ORS

(2017) JELR 38000 (CA)

Court of Appeal 12 May 2017 Nigeria
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- The case arose from a dispute over title to property sold by African Continental Bank Ltd. (ACB) in the exercise of a legal mortgage. After a series of procedural developments, including substitution and joinder of parties, the appellant

Case Details

Suit Number:CA/E/295/2006
Judges:IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Counsel:A. P. Okolohu, Esq. with him, Nonyelum Ezeh (Mrs) For Appellant Chudi Ozokolo, Esq. - For the 1st Respondent. 3rd Respondent represented by the Executive Trainee - Okereke Anamelechi. For Respondent

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): Every determination by a Justice of the Supreme Court or the Court of Appeal is either a decision or an opinion within the provisions of Sections 294(2)-(3) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered. The provisions are couched as follows:

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

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318(1) Decision means, in the relation to a Court, …

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