CHIEF BRIGHT ONYEMEH &ORS VS LAMBERT EGBUCHULAM & ORS
July 4, 2025CHUDI AKUNYILI VS IDEMILI EJIDIKE & ORS
July 4, 2025Legalpedia Citation: (1996) Legalpedia (SC) 61111
In the Supreme Court of Nigeria
Tue Apr 23, 1996
Suit Number: SC.89/1993
CORAM
M.L. UWAIS, JUSTICE, SUPREME COURT
I.L. KUTIGI, JUSTICE, SUPREME COURT
E.O. OGWUEGBU, JUSTICE, SUPREME COURT
PARTIES
CHIEF BRIGHT ONYEMEH & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiffs sued the 1st to 3rd defendants for a declaration that they are entitled to the grantor issuance of allocation papers in respect of lock-up market stalls in their possession.
HELD
The appeal therefore succeeds. The judgment of the Court of Appeal is declared null and void and it is hereby set aside. The case is sent back to the Court of Appeal, Port Harcourt Division for the preliminary objection, and the appeal to be heard afresh. The plaintiffs are awarded costs of N1,000.00
ISSUES
1. Was the objection taken against the competence of the appeal in the court below proper’?2. Was the Court of Appeal right in not deciding whether the appeal before it was competent or not?3. Was the Court of Appeal right in deciding the substantive appeal without giving the appellants a hearing on same??
RATIONES DECIDENDI
CASES CITED
None.
STATUTES REFERRED TO
None.
