E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): The Principal questions for decision on this appeal are:
(a) Whether a dead litigant could lodge an appeal against the decision of the High Court; and
(b) If not, what steps should be taken by any person interested in the appeal to revive it and continue with the appeal.
The claims in the Court of first instance were for declaration of title to a piece of land at Umuchu in the Aguata division of the former East Central State of Nigeria and an injunction to restrain the Defendant from entering or remaining on the said parcel of land.
Those claims came before Obi-Okoye J. (as he then was) and on the 4th of March, 1977, he gave judgment in favour of the Plaintiff. Apparently the Defendant was dissatisfied with that decision for, on the 7th April, 1977, his counsel filed in Court, a Notice of Appeal containing 11 grounds of appeal. But as it later turned out, the Defendant was dead as at that date. He was alleged to have died on 4th A…