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AZUBIKE UME & ORS VS ALFRED EZECHI & ORS

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AZUBIKE UME & ORS VS ALFRED EZECHI & ORS

Legalpedia Citation: (1962-01) Legalpedia 75553 (SC)

In the Supreme Court of Nigeria

Holden at Lagos

Fri Jan 5, 1962

Suit Number: SC 370/1960

CORAM


UNSWORTH, JUSTICE SUPREME COURT

TAYLOR, JUSTICE SUPREME COURT

BAIRAMIAN, JUSRICE SUPREME COURT


PARTIES


APPELLANTS


ALFRED EZECHI & ORS

RESPONDENTS 


AREA(S) OF LAW


CIVIL LAW—LEAVE TO APPEAL—APPEAL

 

 


SUMMARY OF FACTS

This is an application under the Nigeria (Appeals to Privy Council) Order in Council, 1955, for leave to appeal to the Judicial Committee. The application in this case relates to a decision of this Court allowing an appeal against a dismissal by High Court of the Eastern Region of a claim for a declaration of title to land, damages, and an injunction.

 

 


HELD


Leave to appeal is given

 

 


ISSUES


Not Available

 


RATIONES DECIDENDI


APPEAL AS OF RIGHT UNDER THE NIGERIA (APPEALS TO PRIVY COUNCIL) ORDER IN COUNCIL, 1955


‘In cases in which an appeal lies as of right under the Constitution, the application under the Order in Council is of a procedural nature for the purpose of fixing security for costs and conditions for the due prosecution of the appeal.’ Per UNSWORTH F.J.

 

 


CASES CITED


Not Available

 


STATUTES REFERRED TO


1. The Nigeria (Appeals to Privy Council) Order in Council, 1955

2. The Federal Supreme Court Ordinance, 1960

3. The Eastern Region High Court Rules, 1955

4. The Constitution of the Federation of Nigeria

 

 


CLICK HERE TO READ FULL JUDGMENT

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