MADUBIA & ORS
V.
ANIELO & ANOR

(2018) JELR 38896 (CA)    

Court of Appeal  ·  CA/E/240/2014 ·  2 May 2018 ·  Nigeria
CORAM
IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellants
customary court
appeal
trial court
high court
order
learned judge
court of appeal
new trial
grounds of appeal
lower court
printed record
enugu state
appellate court
constitution of the federal republic of nigeria
customary court rules
order of injunction
trial customary court
additional grounds of appeal
printed record shows
provisions of section
supreme court
appellants affidavit
appellants counsel
case of the automatic telephone
conclusion of evidence
court of appeal decision
customary court of trial
customary court of umulokpa holden
customary court president
decision means
decision of a court consisting
determination of that court
documentary exhibits
end of the matter
following manner
high court of enugu state
justice of the supreme court
leading judgment
piece of land
reasonable time
records of proceedings
resolution of a dispute
resolution of the issues
ruling of the court
said land
such manner

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have headed the resolution of the issues in controversy in this appeal as decision. I could have headed same as an opinion. Either heading would have been in conformity with the provisions of Section 294(2)-(3) and 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 as altered which came into effect on 29th May, 1999. These provisions are couched as follows:-

"294(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 o…

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