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OBIORA
V.
OSELE

(1989) JELR 42876 (SC)

Supreme Court 27 Jan 1989 Nigeria
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- The appellant, originally Nicholas Osele (later substituted by Paul Osele), brought suit in the Rivers State High Court against the respondent for monetary relief and orders relating to real property. The trial court dismissed his claims,

Case Details

Suit Number:SC.70/1987
Judges:ANDREWS OTUTU OBASEKI JSC MUHAMMADU LAWAL UWAIS JSC CHUKWUDIFU AKUNNE OPUTA JSC ABDUL GANIYU OLATUNJI AGBAJE JSC ABUBAKAR BASHIR WALI JSC
Counsel:Chief B. D. O. Anyaegbunam For the Appellant; G.N.A. Okafor For the Respondent.
Other Citations:Obiora v. Osele (1989) NWLR (Pt.97) 279, (1989) All N.L.R (Pt 97) 279 at 300-302

OBASEKI, J.S.C. (Delivering the Leading Judgment): On the 1st day of November, 1988, I allowed this appeal after hearing counsel to the parties both on the written briefs and in oral argument, set aside the decision of the Court of Appeal and remitted the case to the Court of Appeal to hear and determine the appeal on its merits. I then reserved the Reasons for my judgment till today and I now proceed to give them.

The short point in this appeal is whether the judgment of the Court of Appeal wherein the appeal to the Court of Appeal was dismissed for want of prosecution can be sustained having regard to the fact that the Court of Appeal had heard in part oral argument from the appellant's counsel and had before it briefs of the appellant, the quality of the brief notwithstanding.

The appellant was plaintiff in suit No.PHC 350/81, he instituted against the respondent as defendant at the High Court of Rivers State in the Port Harcourt Judicial Division claiming:

(1) N20,160.00 as money …

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