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AGHAEGBUNAM ILOABACHIE & ORS. V. ANOSIKE ILOABACHIE

(2005) JELR 45143 (CA)

Court of Appeal  •  CA/E/97/2003  •  17 Mar 2005  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; OLUFUNLOLA OYELOLA ADEKEYE JCA; JAAFARU MIKA'ILU JCA;

Judgement

OGEBE, J.C.A. (Delivering the Leading Judgment): This appeal arose from a land dispute between the respondent and the appellants in the High Court of Ogidi, Anambra State where the respondent sued the appellants in respect of family property. During the course of hearing, some documents namely exhibits A, B and C were sought to be tendered and an objection was raised to their admissibility by the appellants' counsel. The trial court admitted them without giving any reasons. Evidence was also being laid on facts not pleaded and the learned counsel to the appellants objected and was overruled on each occasion without any reason assigned by the court. All these rulings took place on the 19th of March, 2002.

Dissatisfied with the rulings, the appellants appealed to this court on six (6) grounds of appeal. No leave of the trial court or this court was sought to appeal from the interlocutory rulings of the trial court and I would have been minded to strike out the appeal but for the fact t…

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