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UYAEMENAM NWORA
V.
NWEKE NWABUEZE

(2019) JELR 87056 (SC)

Supreme Court 15 Feb 2019 Nigeria
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Suit Number:SC.589/2016
Judges:OLABODE RHODES-VIVOUR..... Justice, Supreme Court KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN..... Justice, Supreme Court CHIMA CENTUS NWEZE..... Justice, Supreme Court AMINA ADAMU AUGIE..... Justice, Supreme Court PAUL ADAMU GALUMJE..... Justice, Supreme Court
Counsel:Chief Wole Olanipekun, SAN with him, Akintola Makinde, Esq., Olajide Salami, Esq., Obemipo Olorunfemi, Esq. and Kolawole Aro, Esq......For Appellant AND Dr. J. O Ibik, SAN and Namdi lbegbu, SAN with him, Patrick Agu, Esq. O. J Ibik, Esq. and Daniel Nwachukwu for the 1st sets of Respondents.Mr. John Egwuonwn, SAN with him, Chief G. Tagbo Ike, Chief I. M Anah, A. O Ozioko and J. I Ekeoma for the 2nd sets of Respondents.....For Respondent

PAUL ADAMU GALUMJE, J.S.C. (Delivering the Lead Judgment): On 12th November 1999, the Anambra State High Court, presided over by his lordship Obiora Nwazota, who was then the Chief Judge of Anambra State delivered judgment in consolidated suits Nos. AA/53/75 and AA/11/77 in which he granted declaration of title to the disputed land in favour of the 1st and 2nd sets of Respondents herein.

On the 18th of November 1999, the Appellants filed a notice of appeal against the said judgment at the Court of Appeal, Enugu Division. Thereafter the Appellants failed to take steps to transmit the record of appeal after they had applied for and were granted an order of stay of execution, until they were prompted by the 1st set of Respondents and the registrar of the trial Court, before they on the 31st of October, 2003 deposited the sum of ten thousand naira (N10,000.00) with the registrar of the trial Court for the preparation and compilation of the record of appeal.

On the 10th of February 2005, the…

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