(2018) JELR 38722 (CA)    

Court of Appeal  ·  CA/E/260/2012 ·  6 Jun 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
statement of claim
court of appeal
customary right of occupancy
disputed land
trial court
said land
umunneoma family
customary tenants
custody of a member of the defendants family
plaintiffs claim
supreme court
acts of ownership
appellants evidence
brief of argument
documentary evidence
isiebengene land
nkanu west local government area
part of the parcel of land
view of the evidence
act of trespass
authority of the plaintiff
beacon numbers ens9662b
crops damages
decision of a court consisting
following issues
following manner
further states
ground of non-compliance
high court of justice of enugu state
justice of the supreme court
justices of the court of appeal
leading judgment
lone ground of appeal
member of that court
notice of appeal
order of the court of appeal
own father
pages of cases
part of the said isiebengene land
such cases
trespass of the defendants
trial urge
use of the said land
virtue of section
way of appeal

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): The determination of controversy by the Justices of the Court of Appeal in Nigeria are to be headed opinions or decisions by virtue of Section 294(2)-(5) 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.

(4) For the purpose of delivering its decision under this section, the Supreme Co…

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