SC/93/2019
UWANI MUSA ABBA AJI, JSC (Delivering the Leading Judgement): This cross appeal is an offshoot of the decision in SC.1338/2018, which main appeal has been decided separately by me as agreed by Counsel to the respective parties when the appeal came for hearing. Thus, the facts and circumstances remain the same.
The cross Appellants' issues formulated are that:
Having regard to the nature of the complaints/submissions raised by the Appellants vide issues 2, 3 and 4 of their brief of argument at the lower court, vis a-vis their constitutionally guaranteed rights to own property, whether the lower court was not in error in failing to consider and determine the said issues.
Considering the lower court's finding that the trial court ought to have determined the appellants' application dated 19 September, 2017, whether the lower court did not err in law and occasion a miscarriage of justice in failing to determine the said application as urged by the appellants.
Whether the lower court…