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ONYEMA & ORS.
V.
OPUTA & ANOR.

(1987) JELR 42697 (SC)

Supreme Court 26 Jun 1987 Nigeria
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- The plaintiffs instituted an action in 1973 for damages for trespass and injunction relating to land at Isukwa, in the former Mid-Western State, in the Ughelli Judicial Division High Court. Subsequent judicial and state boundary changes r

Case Details

Suit Number:SC.203/1985
Judges:MOHAMMED BELLO 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 AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOOYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
Counsel:Chief F. R. A. Williams SAN (PGE Umeadi SAN and F R A Williams (Jnr) For Appellant G.R.I. Egonu SAN (with him P N C Nwagogu) For Respondent
Other Citations:Onyema v. Oputa (1987) NWLR (Pt. 60) 259 (1987)6 S.C 362

ESO, J.S.C. (Delivering the Leading Judgment): This appeal has raised a very interesting issue of law as to the appropriate court where the action should be heard. But let us state the facts first, and, indeed, they are not in controversy.

The action of the Plaintiffs for damages for trespass and injunction was filed in the High Court of Mid-Western State in the Ughelli Judicial Division. It was Suit UHC/45/73, and dated 22nd October 1973.

Hearing commenced before Aghoghovbia J. in the Ughelli High Court, and continued till 15th January 1976. It was then adjourned to 2nd March, but before that date, Aghoghovbia J. had been retired from the Bench, and so, the case had to be commenced de novo.

However, in that year, the Kwale Judicial Division was created in the same Mid-Western State and so the case was transferred to Kwale High Court. It was re-numbered HVK/11/76. That was not all that happened in 1976. By the States (Creation and Transitional Provisions) Act 1976, Nigeria became a n…

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