WILLIAM ONUORA EGBUNA & ANOR V. BENEDICT CHUKWUDUBEM EGBUNA

SAMSON ODEMWINGIE UWAIFO, J.C.A. (Delivering the Leading Judgment): At the High Court Onitsha, F. O. Nwokedi, J., gave judgment in Suit No.O/41/81 on 23 February, 1983. Against that judgment, the plaintiffs/appellants/applicants have appealed.

The subject-matter of the action is No.78, Awka Road, Onitsha which the applicants say is part of the Family property of the late Edmund Egbuna Ajie, the father of both the applicants and respondent.

From what transpired in the court below, and from the nature of the issues joined, the defendant/respondent was made to begin. That is a practice which in appropriate circumstances is permissible: see Oke v. Atoloye (1986) 1 N.W.L.R. (part 15) 241 S.C. But the plaintiffs had not led evidence before judgment was given. The issues intended to be canvassed on appeal include, among others, that the plaintiffs were not given an opportunity to lead evidence and no indication was given by them that they were not going to do so when the trial Judge gave the…