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H.C. OKAFOR v. UTOMI ONIANWA AND ANOR

(1964) JELR 91491 (SC)

Supreme Court  •  SC 469/1963  •  9 Nov 1964  •  Nigeria

Coram
BAIRAMIAN, JUSTICE, SUPREME COURT. ONYEAMA, JUSTICE, SUPREME COURT. AJEGBO, JUSTICE, SUPREME COURT

Judgement

BAIRAMIAN,J.S.C. (Delivering the Judgment of the Court)

This appeal relates to a case of certiorari which was begun in the following circumstances. (For convenience the appellant will sometimes be referred to as Mr Okafor, and the respondents as the chiefs.)

The chiefs sued Mr Okafor in the Asaba Town Local Court (hereafter referred to as the native court) for a declaration of their rights in regard to certain land, and obtained judgement on 3rd September, 1957.

They say in an affidavit that Mr Okafor purported to appeal on the 8th October, 1957 to the Senior Divisional Adviser (hereafter referred to as the Adviser); Mr Okafor says in an affidavit that he posted his petition of appeal on the 30th September, 1957. What the Adviser did was this: on the 30th July, 1958, he made an order under section 28(1) (c) of the Native Courts Ordinance transferring the native court suit to the High Court, Benin, for hearing and determination; and on the 12th August, 1958, he made another order under se…

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