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UWAIFO, J.C.A. (Delivering the Leading Judgment): This appeal shows to what extent the courts can or cannot go in ordering that acquisitions in the National Archives or indeed public documents in their proper custody be removed for use in pending cases. I can say that the powers of the courts in this connection, the discretion with which they should be used and an eye on public policy in protecting the safety of public documents, records and other historical materials, all interplay in the process. To this extent I think, hopefully, that this appeal has succeeded in raising matters of public concern, and that the decision will guide trial courts.
There is a land dispute pending at the Onitsha High Court in Suit No.O/114/78 between the plaintiffs/appellants and the defendants/respondents. The claim is for N100,000.00 general damages for trespass and perpetual injunction in respect of the land. The plaintiffs say the land is situate at Ogidi while the defendants say it is in Mgbuke, Umu…