(2014) JELR 40253 (CA)    

Court of Appeal  ·  CA/B/194/1999 ·  21 Jan 2014 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
fair hearing
learned silk
senior counsel
mr. egonu
learned trial judge
4th defendants
instant appeal
record of appeal
suit no. a
continuation of hearing
high court of justice
issue no.1
paragraphs c
present appeal
respective briefs of argument
above postulation
anatogu vs. iweka ii
chief gri egonu
constitution of the federal republic of nigeria1999
contravention of oko-amakom native law
contravention of the rights
decision of the learned judge
discretionary power of the court
fundamental question of breach of fair hearing
fundamental question of denial
good reason
humphrey emodi ifeanyi obumse
judgment of the high court of justice
leading judgment
lord denning
lower court ought
no. a
order of perpetual injunction
original notice of appeal
proper evaluation of the content of the rejected documents
respondents case
said appellants
said date
said november
said suit
taking of the onihe title
totality of the evidence
uwaile quarters of oko-amako

MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The instant appeal is a fall-out of the Judgment of the High Court of Justice of Delta state, Asaba Judicial Division, which was delivered on November 3, 1997 in Suit No. A/147/94. By the Judgment in question, the lower court, coram M. C. U. Odita J; granted all the declaratory and injunctive reliefs sought by the Respondents (Plaintiffs) against the Appellants (Defendants). Not unnaturally, the Appellants were utterly dissatisfied with the Judgment. Thus, by the original notice of appeal thereof, dated December 22, 1997, the Appellants appealed to this court seeking the following reliefs:

(1) To set aside the decision of the learned Judge sitting at the High Court of Justice, Asaba dated the 3rd day of November, 1997 and to allow the appeal and dismiss the Plaintiffs/Respondents case.

(2) In the alternative, to declare the while proceedings and Judgment a nullity and send the suit back for retrial before another Judge.

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