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CaseLaw

Udo V. Okpo (1996) CLR 8(a) (CA)

Judgement delivered on Monday, 8th August, 1996

Brief

  • Brief writing
  • Extension of time to appeal
  • Survey plan
  • Customary law
  • Disqualification of judge

Facts

This matter commenced from the District Court, Eket as Suit No. 139/70. It was for declaration of title to a plot of land called Ufere Idim Edoho Okpo Mbang. The claim failed and it was dismissed. An appeal was lodged at the Chief Magistrate's Court. The learned Chief Magistrate set aside the judgment of the District Court. The case was remitted to the District Court for a retrial "in compliance with rule 37 of the Customary Court Law", the learned Chief Magistrate said. The matter moved once again to the High Court The learned appellate Judge set aside the judgment of the learned Chief Magistrate. In his words:-

  • "Finally, I hold that this appeal succeeds on all the three grounds argued. I therefore set aside the decision of the Chief Magistrate who entered a non-suit in favour of the plaintiffs/respondents. I restore the decision of the District Court of Eket in suit No. 139/70 dismissing the case of the plaintiffs/respondents with N300 (three hundred naira) cost against plaintiffs/respondents."

Dissatisfied with the judgment, the appellants have come to this court.

Issues

  • 1
    Whether the Chief Magistrate was right in hearing the appeal which was...
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