Legalpedia Citation: (2010) Legalpedia (SC) 51135
In the Supreme Court of Nigeria
Fri Dec 3, 2010
Suit Number: SC.226/2003
CORAM
ALOMA MARIAM MUKHTA, JUSTICE, SUPREME COURT
PARTIES
1. NABOTH OKWUAGBALA
2. REUBEN IFEANYICHUKWUJ
3. ONATHAN NWETOPIUS ANEKWE(For themselves on behalf of Oliba Family, Ibolo Oraifite)
APPELLANTS
MARGRET IKWUEME & 2ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondents in this Court instituted suit NOS. HN/180/97 HN/181/97 and HN/183/97 as plaintiffs against the appellants as defendants claiming damages jointly and severally, arising from an alleged violation of their rights.
HELD
APPEAL DISMISSED
ISSUES
1. Whether the subject-matter of three consolidated suits were not the respective plaintiff where the dispute is whether the respective plaintiffs were unlawfully arrested and detained, if not, was consolidation of the three suits in any event right, in the circumstance?
2. Whether the mere failure to reply to the issue raised in the respondents’ preliminary objection was fatal to issue No. 2 of the appellants’ Brief of argument in the Court of Appeal.?
3. Whether the same defence is available to the appellants in all the suits.?
4. Did the plaintiffs/respondents claim the same relief against the appellants?
RATIONES DECIDENDI
WHERE THERE IS ERROR IN GROUNDS OF APPEAL THE ERROR MUST BE QUOTED IN THE JUDGMENT
” It is settled by a long line of decided cases that when a ground of appeal alleges either an error in law or misdirection in law. The passage of the judgment where the error or misdirection occurred must be quoted and, the full and substantial particulars of the alleged error or misdirection must be given “PER ONNOGHEN J.S.C
CASES CITED
STATUTES REFERRED TO
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