ONWUNALI
V.
THE STATE

(1982) JELR 46386 (SC)    

Supreme Court  ·  SC.2/1980 ·  16 Sep 1982 ·  Nigeria
 · 
Other Citations
ONWUNALI v. THE STATE (1982) 9 S.C. (REPRINT) 48
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
federal court of appeal
s.c.
j.s.c.
merits
anor
case
addis ababa
adeyemi
court
court of appeal
hearing
decision
merit
nigerian housing development society
11th december
addis ababa v
a. n. aniagolu
authority of surakatu v
case of addis ababa
case of nofiu surakatu v
c. idigbe
circumstance
circumstances
decision nofiu surakatu's case
determination
ground
g. s. sowemimo
judgment of the high court
judgment of this court
k. eso
leading judgment
lordships of the federal court of appeal
m. l. uwais
nigerian housing development co. ltd.
nigerian housing development society ltd.
nofiu surakatu v
notice of appeal
order
reason
s.c
surakatu v
technical grounds
virtue of the decision of this court
wrong heading of an appeal
years

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The appeal against the judgment of the High Court was struck out at the Federal Court of Appeal because the notice of appeal was wrongly headed. The Court of Appeal cited the judgment of this court in Addis Ababa and Anor. v. Adeyemi (1976) 12 S.C 51.

In Nofiu Surakatu v. Nigerian Housing Development Co. Ltd. (1981) 4 S.C. 26, this court set aside the decision in Addis Ababa (supra). In that circumstance, this appeal succeeds and it is allowed. The appeal will therefore be remitted to the Court of Appeal to be heard on the merits.

C. IDIGBE, J.S.C.: When their Lordships of the Federal Court of Appeal struck out this appeal it was in order for them to do so by virtue of the decision of this court in Addis Ababa and Anor. v. Adeyemi (1976) 12 S.C. 51. However, this court three years later overruled the case of Addis Ababa (supra) in Surakatu v. Nigerian Housing Development Society (1981) 4 S.C. 26. In the circumstances it is wron…

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