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M. N. UTTAH V. INDEPENDENCE BREWERY LIMITED

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M. N. UTTAH V. INDEPENDENCE BREWERY LIMITED

Legalpedia Citation: (1974) Legalpedia (SC) 97149

In the Supreme Court of Nigeria

Thu Feb 21, 1974

Suit Number: SC. 61/1973

CORAM


TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA

GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT


PARTIES


M. N. UTTAH APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant appealed against the judgment of the lower court which was predicated on a report submitted by a referee appointed by the High Court of Biafra.


HELD


The court held that the decision was a nullity and ordered a retrial.


ISSUES


Whether the judgment of the trial court, predicated on a report of a referee appointed by the High Court of “Biafra”, was valid


RATIONES DECIDENDI


WHETHER APPEAL COULD LIE FROM THE DECISION OF THE HIGH COURT OF BIAFRA


No appeal could lie from a non-existent High Court of the so-called “Biafra”, to the Supreme Court of Nigeria- Elias CJN


CASES CITED



STATUTES REFERRED TO



CLICK HERE TO READ FULL JUDGMENT

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