CORAM

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KAYODE ESO JUSTICE, SUPREME COURT

MOHAMMED BELLO JUSTICE, SUPREME COURT

E. O. AYOOLA JUSTICE, SUPREME COURT

SOWEMIMO, CHIEF JUSTICE NIGERIA

SAIDU KAWU JUSTICE, SUPREME COURT

ADOLPHUS G. KARIBI-WHYT, JUSTICE, SUPREME COURT

OPUTA, JUSTICE SUPREME COURT

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PARTIES

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ENGINEERING ENTERPRISE OF NIGER CONTRACTOR CO. OF NIGERIA

APPELLANTS 

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THE ATTORNEY-GENERAL OF KADUNA STATE

RESPONDENTS 

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AREA(S) OF LAW

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SUMMARY OF FACTS

Plaintiff instituted a suit in the High Court of Kaduna State against the defendant for a declaration that the purported revocation of the plaintiffs right of occupancy No. N.C. 14438 over a piece of land is null and void. After the claim was dismissed, an appeal at the Court of appeal was struck out for want of complete records of appeal, hence this present appeal.

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HELD

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Allowing the appeal, case remitted to the High Court for hearing de novo.

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ISSUES

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None.

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RATIONES DECIDENDI

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NOTABLE PRONOUNCEMENT

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In the exercise of its judicial powers a court of law should adhere to constitutionality. It should not condone the commission by a State of a constitutional wrong nor should it be an accessory after the fact to the commission of unconstitutionality. Per Bello CJN

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DUTY OF APPELLANT IN FORWARDING RECORDS OF APPEAL

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Once an appellant has deposited the money for making up and forwarding the record, he had performed his duty. Per Bello CJN

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PRESUMPTION OF VALIDITY OF JUDGEMENT

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A judgment of a court of law is presumed to be valid until it is proved by person challenging its validity to be wrong. And this court approaches an appeal on the principle that the appellant must show that the decision was wrong. Per Bello CJN

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PRESUMPTION OF VALIDITY OF JUDGEMENT

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A judgment of a court of law is presumed to be valid until it is proved by person challenging its validity to be wrong. And this court approaches an appeal on the principle that the appellant must show that the decision was wrong. Per Bello CJN

 

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CASES CITED

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Oblamalu v. Nwosu

Uwechia v. Obi

Ajala v. Nigeria General Motors Ltd. FCA/L/58/81, delivered on 1st December, 1981

Odiase v. Agho (1972) 1 All N.L.R. (Part 1) 170 at 176

Agbonmagbe Bank v. C.F.A.O. (1966) 1 All N.L.R. 140 at 143.

Bello v. Attorney-General of Oyo State (1965) 5 N.W.L.R. 828

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STATUTES REFERRED TO

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Rules of the Supreme Court 1965

Supreme Court Practice 1979 Vol. 1

Court of Appeal Rules 1981

Constitution of the Federal Republic of Nigeria 1979

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