HARRISON WELLI & ANOR V. CHARLES OKECHUKWU & ORS

A. G. KARIBI WHYTE, J.S.C. (Delivering the Leading Judgment): This appeal was heard at Enugu on the 26th March, 1985. The appeal was on a majority decision of 3:2 struck out on the preliminary objection raised by Mr. R.A. Ogunwole, Counsel to the Respondents, that appellants having not obtained leave of the Court below or of this court, in respect of the grounds of appeal filed, the appeal was incompetent having offended against the provisions of S. 213 (3) of the Constitution 1979. I was of the opinion then, as I still am, that ground 1 of the grounds of appeal did not offend the provisions of S. 213 (3) (supra). There being a valid ground of appeal, the appeal was accordingly not incompetent. Appellant were the defendants in the High Court. Plaintiffs/Respondents brought an action on the 11th November, 1972, in a representative capacity against Defendants/Appellants claiming:

(1) a declaration of title to a piece of land known as Ohia Amangwu.

(2) damages for trespass.

(3) perpetu…