(2005) JELR 45216 (SC)    

Supreme Court  ·  SC.195/2000 ·  8 Jul 2005 ·  Nigeria
Other Citations
Williams v. Mokwe (2005) 14 NWLR (Pt. 945) 249 (2005) 7 S.C (Pt II) 153
Williams v. Mokwe (2005) 14 NWLR (Pt. 945) 249
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
notice of appeal
trial court
grounds of appeal
interested party
said judgment
learned counsel
decision of the trial court
leading judgment
applicant g. c. mokwe
court of appeal right
exercise of the discretion of the court
good cause
high court
higher court
learned trial judge
old market road
order of the court of appeal
order of the trial court
said property
sons ltd.
additional grounds of appeal
attention of the trial court
commencement of trial
considered judgment
day judgment
favour of the appellant
following reliefs
grant of such leave
grant of the leave
great importance
issue of competence of an appeal
judgment of the learned trial court
jurisdiction of the court of appeal
metal construction
mr. george c. mokwe
present respondent
raise issues
require leave of the court of appeal
rules of court
such leave
time of the delivery of the judgment

KALGO, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued out on the 22/12/75 in the High Court of the then East Central State of Nigeria at Onitsha, the appellant as plaintiff claimed against the defendants as per amended statement of claim, the following reliefs:

"(a) A declaration that the defendant is not entitled to build on No. 8 Old Market Road,Onitsha, which forms part of the estate of late E. Egerton Williams, the plaintiff's father. Plaintiff, as against the defendant is entitled to the possession of the property known as No. 8 Old Market Road, Onitsha, as one of the beneficiaries/successors in title to his father E. Egerton Williams.

(b) An injunction to restrain the defendant, his servants and/or agents from entering into No.8 Old Market Road and /or in any way interfering with the plaintiff's right to the said property.

(c) General damages in the sum of N50,000.00(Fifty thousand Naira) only".

It is at this stage pertinent to observe that the original …

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