CORAM

MUHAMMADU LAWAL UWAIS JUSTICE, SUPREME COURT (Presided)

ATTIJO MUHAMMAD

NASIR, JUSTICE COURT OF APPEAL

YEKINI OLAYIWOLA ADIO JUSTICE, SUPREME COURT

PARTIES

JOSEPH N. OMEREDE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

James Agbara claimed for himself and as representing the Ekebedi Community of Oboro in Umuahia from the Defendants declaration of title to a piece or parcel of land showing proof of possession. In the course of the trial James Agbara died and on the application of the present plaintiff. Joseph Nkpoku Omerede, he was substituted for the deceased.

HELD

I accordingly dismiss this appeal and affirm the judgment of the court below. As the defendants took no part in this appeal, I make no order as to costs.

ISSUES

Whether the Court of Appeal in all the circumstances of this case properly exercised it’s role as an appellate court in affirming the decision of the trial court, dismissing the suit on the premise that the proper plaintiff was not before it, rather than substituting an order striking out the suit.”

RATIONES DECIDENDI

CASES CITED

Idahosa v. Oronsaye (1959) SCNLR 407; (1959) 4 FSC 166; Nigerian Fishing Co. v. WNHC (1969) NMLR 164,166-167 NIPC Ltd. v. Thompson Organization (1969)1 All NLR )38;()969) 1 ANLR 136

STATUTES REFERRED TO

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