THE QUEEN VS THE GOVERNOR, EASTERN REGION, & ANOR
September 8, 2025DANIEL C. DANIELS VS SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD
September 8, 2025Legalpedia 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