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NZELU
V.
ACB & ORS

(1974) JELR 33469 (SC)

Supreme Court 29 May 1974 Nigeria
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Case Details

Suit Number:SC.274/1973
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Counsel:Mr. Odibe For Appellant Mr. A.C. Obiefuna for 1st RespondentMr. S.O. Adewunmi ( Mr. Owen Fiebai with him) for 3rd Respondent For Respondent
Other Citations:(1974) All N.L.R 69 (1974) 5 S.C. 79

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In this appeal,another unsavoury aspect of the Nigerian civil war is revealed in which resort is made to the court seeking for a relief against one of its unfortunate consequences. The court may appear helpless when in the exercise of its jurisdiction it has to uphold some legal consequence arising out of some transaction which may be morally questionable.

The appeal herein is against the judgment of the High Court of the Benue-Plateau State sitting at Jos, delivered by Bate, S.P.J. (Senior Puisne Judge) in suit No. JD/1/1972, dismissing the Plaintiff's claim in that suit. The relevant writ of summons reads:

"The plaintiff's Claim is

1. Against all the defendants jointly and severally for

(a) The purported sale of the Plaintiff's house or immovable property known as an called No.1 Yola Avenue, Jos, valued at 2,500 (two thousand five hundred pounds) to be declared null and void owing to serious irregularities preceding the purpo…

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