(2018) JELR 38697 (CA)    

Court of Appeal  ·  CA/E/348/2015 ·  1 Jun 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st defendant
1st defendants father
statement of claim
learned trial judge
court of appeal
agricultural certificate of occupancy
3rd defendant
amended statement of claim
documentary evidence
grounds of appeal
respect of the land
2nd defendant
3rd defendants
trial court
ifite nanka
lands registry
local government area of anambra state
notice of appeal
appellants brief of argument
constitution of the federal republic of nigeria
supreme court
1st plaintiff
anambra state
anie vs. uzorka
briefs of argument
customary rights of occupancy
decision of a court consisting
decision of the high court of justice
decision of the learned trial judge
determination of that court
determination of the issues
father of the 1st defendant
following language
following reliefs
ijale vs. shonibare
justice of the supreme court
leading judgment
member of that court
ownership of a parcel of land
parcel of land
plaintiffs land
provisions of section
registration of the 1st defendants fathers
registration of title
relevant provisions of the law
said customary right of occupancy certificate
separate statements of defences
such cases

JOSEPH TINE TUR, J.C.A. (Delivering the Leading Judgment): I have tagged the determination of the issues raised in this appeal by the parties as a decision. I could have headed same as an opinion in order to conform with the provisions of Section 294(2)-(4) which reads as follows:

(2) Each Justice of the Supreme Court or of the Court of Appeal shall express and deliver his opinion in writing, or may state in writing that he adopts the opinion of any other Justice who delivers a written opinion:

Provided that it shall not be necessary for the Justices who heard a cause or matter to be present when judgment is to be delivered and the opinion of a Justice may be pronounced or read by any other Justice whether or not he was present at the hearing.

(3) A decision of a Court consisting of more than one Judge shall be determined by the opinion of the majority of its members.

(4) For the purpose of delivering its decision under this section, the Supreme Court, or the Court of Appeal shall be deem…

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