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ESO, J.S.C. (Delivering the Leading Judgment): On 16th July, 1990 this court, sitting as a full court, allowed the appeal of the plaintiff. Reasons for the course taken were adjourned till today. I hereby give my reasons.
Though Mr. Harris-Eze, Director of Civil Litigation, appeared for the respondent in this case, and he filed no brief for the respondent, he was permitted to make oral submissions on behalf of the respondent, even without a written brief.
The issue which is involved, in fact, is very narrow, if one goes by the judgment of the Court of Appeal. The issues before that court were two fold and they are -
1. Whether the appellant who was the plaintiff in the trial court could validly bring his suit in view of the Petition of Rights Act (even in this, the issue is duofold. For the date of commencement of the action was brought into focus).
2. If he could, whether or not the award made by the trial court was reasonable.
On the first issue the Court of Appeal held as per Uche…