(2005) JELR 45207 (SC)    

Supreme Court  ·  SC.139/2001 ·  16 Dec 2005 ·  Nigeria
Other Citations
Ojoh v. Kamalu (2005) 18 NWLR (Pt.958)523 (2005) 12 S.C (Pt II) 1 (2005) 12 S.C (Pt II) 1
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Core Terms Beta
jonathan daba
1st plaintiff
egbelu umuogele
judgment of the court
consolidated suits
grounds of appeal
members of the public
learned justices of the court of appeal
deceased 2nd defendant
oriaku amala
said land
trial judge
evidence of the fact
family head
high court of imo state
parcel of land
peaceable possession of the piece
said appeal
acts of trespass
amended statement of defence
appeal of the respondents
briefs of argument
cases a
consequential claims of n20,000
facts of this case
farm land
following terms
grounds of law
instant case
judgment of the court of appeal
judgment of the lower court
leading judgment
leave of this court
licenses of the plaintiffs
member of umougele family
plaintiffs palm trees
rivers state
statement of claim shows
statement of claim vide page
statement of defence vide pages
subject matter of the appeal
trial high court

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (hereinafter in the rest of this judgment referred to as the court below) sitting in Port Harcourt, Rivers State, delivered on 29th of February, 2000 allowing the appeal of the respondents (plaintiffs in the trial High Court) by setting aside that court's decision. The judgment of the court below is at pages 261-275 of the records which concluded (Per Pats-Acholonu,JCA as he then was) at page 274 thereof thus:

"In the final result, the appeal succeeds and the judgment of the lower court is set aside."

The appellants herein being dissatisfied filed a notice of appeal dated 23rd of March, 2000 containing eight grounds of appeal. By a motion on notice dated 5th November, 2001 the appellants sought the leave of this court to regularize the said appeal, prayers contained therein which this court granted in the following terms:

(i) An order extending the time within which the appell…

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