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MR. AUGUSTINE ARUEZE & ORS v. CHIEF MIKE A. NWAUKONI

(2018) JELR 38301 (SC)

Supreme Court  •  SC.55/2011  •  14 Dec 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC; SIDI DAUDA BAGE JSC;

Judgement

SIDI DAUDA BAGE, J.S.C. (Delivering the Leading Judgment): This appeal is brought by the Appellants/Cross Respondents and the Cross-Appeal brought by the Respondent/Cross-Appellant are against the judgment of the Court of Appeal, Benin Division delivered on 12th July 2010 in Appeal No. B/CA/94/2009. The Court of Appeal reversed the judgment of the High Court of Delta State, Ogwashi-Uku Division ('the trial Court) delivered on 20th March 2008 in favour of the Appellant/Cross Respondents in Suit No. O/9/2005. The lower Court however made some findings against the Respondent as laid-out at pages 464-542 and at 712-760 of the Record of Appeal for the two judgments respectively.

The Appellants/Cross-Respondents expressed dis-satisfaction with the judgment of the Court of Appeal and filed a Notice of Appeal dated 13th July 2010 and an amended Notice of Appeal deemed 15th June 2017 against the decisions of Court of Appeal. The Respondent/Cross-Appellant who was the Appellant at the Court of A…

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