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CaseLaw

Umeania V. Emodi (1996) CLR 2 (K) (CA)

Brief

  • Powers of court of Appeal
  • Judgement writing
  • Retrial order

Facts

Suit No MID/13/75 was filed by the 1st appellant, Patrick Umeania in respect of the Western half of the land in dispute. Suit No MID/14/75 was filed by the 2nd appellant, Lawrence Obi in respect of the eastern half of the land in dispute. All the suits were filed at the Chief Magistrate's court Idemili. The two suits were consolidated, claiming the following three reliefs:

  • a
    Declaration of title to a piece or parcel of land situate at Abidi, Umuoji;
  • b
    General and special damages of N400.00 and
  • c
    Injunction to restrain the respondent, his servants and or agents from committing further acts of trespass on the said land and the log of iroko tree. The learned trial Magistrate ordered the consolidation of the suits on 4th August, 1977.

Four witnesses gave evidence in favour of the appellants who were plaintiffs at the trial court. The same number of witnesses gave evidence in favour of the respondent who was the defendant. After hearing address of counsel for the parties, the learned trial Magistrate gave judgment for the appellants. Dissatisfied, the respondent appealed to the High Court. The appellate Judge allowed the appeal and dismissed the action of the appellants.

Dissatisfied, the appellants filed an appeal in the Court of Appeal

Issues

  • 1
    Whether the magistrate was right in the manner he wrote his Judgement...
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