ONU, J.S.C. (Delivering the Leading Judgment): This appeal which emanates from the Court of Appeal sitting in Benin turns solely on the point as to whether a judgment delivered by High Court of Bendel (now Delta) State presided over by Idahosa, J. and holden at Kwale on a Saturday - 18th July, 1981 to be precise - was a nullity by reason of its having been so delivered on that day purported to be a public holiday.
For a clearer understanding of the case, it is pertinent to narrate in a brief outline hereunder facts showing how it originated as follows:
The appellants as plaintiffs sued the respondents who were defendant in Suit No. HCK/44/76 in the High Court of Bendel (now Delta) State then holden at Ughelli in the Ughelli Judicial Division for:
(a) declaration of title to land at Ashaka called Ekpaizabu/Akpaizebu/Osu-Ogbe.
(b) recovery of possession, damages for trespass and
After the exchange of pleadings by the parties, the respondent brought a cross-action as pl…