(2003) JELR 44922 (CA)    

Court of Appeal  ·  CA/K/284/2001 ·  16 Apr 2003 ·  Nigeria
Other Citations
Laah v. Opaluwa [2004] 9 NWLR (Pt.879)558
Laah v. Opaluwa (2004) 9 NWLR (Pt. 879) 558
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria BABA ALKALI BA’ABA Justice of The Court of Appeal of Nigeria
Core Terms Beta
power of attorney
learned trial judge
trial court
grounds of appeal
ground of appeal
rightful owner of the property
donee of the power of attorney
surviving issue
unregistered power of attorney
agent of a given donor
amended grounds of appeal
amended notice of appeal
competence of appellants
competence of the third issue
competent ground of appeal
complete agreement
concurrence of both counsel
donee of a power of attorney
final result
first issue
grant of the said relief
hearing of this appeal
incompetent ground of appeal
isa ayo salami
issue of admissibility of exhibit
joseph oriade olasoji
land registration law cap
leading judgment
learned counsel
leave of this court
lower court
order of immediate ejection of the defendants
particulars of error
plot number 164a
ratio decedendi of the trial court
resultant effect
right of occupancy of the plot

ISA AYO SALAMI, J.C.A. (Delivering the Leading Judgment): At the hearing of this appeal, before learned counsel for respondent would take his objection to the competence of appellants' first issue, learned counsel for appellants voluntarily conceded that the issue was incompetent as ground 3 from which it purports to derive was itself incompetent. The court, with concurrence of both counsel, consequently struck out the issue as well as all the argument proffered in support therefore, in the appellants' brief of argument. Learned counsel for respondent, thereafter, took objection to the competence of the third issue in the appellants' brief of argument.

The basis for this objection was that ground 2 of the amended grounds of appeal from which it was framed was vague, imprecise and failed to manifest and identify error in law committed by the learned trial Judge in the judgment. The objection was strenuously opposed by the learned counsel for appellants. However, the court found that i…

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