CORAM

COKER JUSTICE, SUPREME COURT

FATAYI-WILLIAMS JUSTICE, SUPREME COURT

SOWEMIMO JUSTICE, SUPREME COURT

PARTIES

EMMANUEL ONWUKA UMENWELUAKU APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff claimed declaration of title to land and a restraining order against the defendants. The plaintiffs claim was dismissed and on appeal, the court ordered the lower court to witness the parties determine their boundaries on the land but the lower court entered into the matter and gave the judgment that had been set aside. The plaintiff appealed.

HELD

The Supreme Court held that the Mbamisi Native Court judgment was given without jurisdiction and all other appeals arising from that judgement were null and void. A retrial of the case by the High Court of the East Central State was ordered.

ISSUES

Whether the judgment of the Mbamisi Native Court dated 20/6/58 was given without jurisdiction and therefore all subsequent judgments given on appeal were null and void.

RATIONES DECIDENDI

CAN A LOWER COURT GIVE A SECOND JUDGEMENT AFTER THE FIRST JUDGEMENT HAD BEEN SET ASIDE IN APPEAL?

“the Mbamisi Native Court could not give a second judgment as it did on 20/6/58 after the District Officer in the exercise of its appellate jurisdiction had set aside the first judgment of the Mbamisi Native Court dated 24/1/58” Per SOWEMIMO, JSC

CASES CITED

STATUTES REFERRED TO

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