(2004) JELR 45051 (CA)    

Court of Appeal  ·  CA/E/76/2001 ·  5 Nov 2004 ·  Nigeria
Other Citations
Nwabueze v. Nwora (2005) 8 NWLR (Pt.926)1
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria JOSEPH JEREMIAH UMOREN Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
court of appeal
lower court
interlocutory decision
original grounds of appeal
preliminary objection
additional grounds of appeal
exercise of discretion
leave of the trial court
order of stay
trial court
2nd set of defendants
exercise of the discretion of the lower court
failure of a condition precedent
general terms
grant of stay
hearing of the appeal
learned counsel
notice of preliminary objection
order of court
order of stay of execution
stay of execution of the judgment
subject of complaint
1st set of defendants
additional grounds
behalf of umugama village ukwulu
constitution appeal
determination of the appeal
exchange of briefs
final judgment
following cases
grounds of appeal cover pages
grounds of law
high court of anambra state
initio incompetent
joint notice of appeal
leading judgment
leave of the court of first instance
raises issues of law
reason of the fact
respective cases
respect of the order of stay
rules of this court
sets of respondents
specific provisions of the court of appeal rules
support of the grounds of the objection
total number of the grounds of appeal

ADEKEYE, J.C.A. (Delivering the Leading Judgment): Before the High Court of Anambra State in a consolidated suit AA/53/77 and AA/11/77, the plaintiffs sued the 1st set of defendants - Nweke Nwabueze and and Ors. for themselves and on behalf of Umugama Village Ukwulu, for declaratum of title, damages for trespass and perpetual injunction over a parcel of land known `as Agu-Okpuluoji. The 2nd set of defendants, Nwoye Ofoedu and three others for themselves and on behalf of Oranto and Akpu Villages of Ukpo counter-claimed against the plaintiffs for declaration of title, damages for trespass and injunction over a parcel of land which the 2nd set of defendants call Ogululugwu. After the three parties presented their respective cases before the lower court, the learned trial Judge Justice Obiora Nwazota dismissed the plaintiffs' claims and allowed the counter claim of the two sets of respondents on the 12th of November, 1999. The plaintiffs not only appealed against the judgment, but also br…

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