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OBIOHA
V.
IBERO & ANOR

(1994) JELR 43379 (SC)

Supreme Court 28 Jan 1994 Nigeria
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Case Details

Suit Number:SC.101/1993
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:P.O. Balonwu, S.A.N. (with him, Anthony Amene and Helen Balonwu) For Appellant Chief F.RA Williams, SAN. (with him, Chief Ejike O. Ume, SAN., T.E. Williams, Esq. and J.U. Igwe) For Respondent
Other Citations:Obioha v. Ibero (1994) NWLR 1 (Pt.322) 503

BELGORE, JSC (Delivering the Leading Ruling): On 26th day of February, 1993 in the appeal No. S.C.91/1988, this Court allowed the appeal and set aside the decision of the Court of Appeal. It was a unanimous decision. I had the opportunity of agreeing with the lead judgment when I held inter alia as follows:

"The appeal in any case must be decided on the grounds of appeal filed and as enunciated in the Briefs of Argument in support. There is no ground of appeal challenging the cogent and important findings of trial Judge on the boundary between the contending parties which he unambiguously placed at the "elope" (moat) and the Court of Appeal ought not to have dwelt so deeply into this definite and conclusive finding of fact in the absence of anything perverse or unlawful or inadmissible in evidence leading to that finding."

The respondent in that appeal, Eleazar Obioha, has now come with a motion on notice praying for orders:

(i) "directing a review of the judgment given in appeal S.C…

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