ONYIA NWAGWU NGWU & ORS. V. UGWU ONUIGBO & ORS.
June 27, 2025AKAAER JOV VS KUTUKU DOM
June 27, 2025Legalpedia Citation: (1999) Legalpedia (SC) 81333
In the Supreme Court of Nigeria
Fri Oct 8, 1999
Suit Number: SC. 187/1993
CORAM
A.B. WALI – JUSTICE, SUPREME COURT
M.E. OGUNDARE – JUSTICE, SUPREME COURT
PIUS OLAYIWOLA ADEREMI, JSC (Lead Judgment)
PARTIES
ICHIE JEROME ANOGHALU ICHIE BONIEFACE IWUNZEICHIE ERNEST UNADIKE NZE OBIDIOKPU UNlGWE (For themselves and on behalf of Ubahuabu Ubahu village minus Umunnabala family) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants appealed against the discharge of an interim order they had gotten against the respondents at the trial court.
HELD
The court held that ground I raised a question of fact and that the plaintiffs/respondents having failed to seek and obtain leave to appeal from either the High Court or the Court of Appeal, that ground of appeal was rightly struck out and that the 2nd ground is vague and discloses no cause of action.
ISSUES
Whether the ground of appeal stated thus. The Court erred in law by making an order to strike out the words ‘for themselves and on behalf of Uhahuabu-Ubahu Village minus Umunnabala family’ from the title of the suit since on the authority of Otapo v. Sunmonu …. the plaintiff sue in their personal capacities without expression on the writ the capa they have brought the action’ is a question of law, or of mixed law and fact. Whether or not the ground of appeal based on section 220(1) (g) (ii) lacks merit since the learned trial Judge based his reason on the fact that the appellants had no mandate; that mandate being on issue of fact requires leave.”
RATIONES DECIDENDI
WHAT AN ERROR IN LAW IS
“An error in law is where the appellant is complaining of the failure of the Court to apply the correct principles of law to established and undisputed facts or that the Court has come to a conclusion on admitted or proved facts which no reasonable tribunal would have come to. -Ogundare JSC
CASES CITED
Otapo v. Sunmonu & Ors. (1987) 5 SC. 228Azubike Ume & Others v. Alfred Ezechi & Ors. (1962) ANLR (Pt. 1) 16Akwiwu Motors Ltd. & Anor. v. Dr. B. O. Sangonuwa (1984) 5 SC. 184 at 186Metal Construction (West African) Uti. v. D. A. Migliore & Ors re Miss C. Ogundare (1990) ANLR 142; (1990) 1 NWLR (Pt.126) 299?
STATUTES REFERRED TO
1979 Constitution
