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AGHAEGBUNAM ILOABACHIE CHUKWUKA ILOABACHIE THOMPSON ILOABACHIE V. ANOSIKE ILOABACHIE

(2005) JELR 51198 (CA)

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

Coram
JAMES O. OGEBE JCA (Presided and Read the Lead Judgment) OLUFUNLOLA OYELOLAADEKEYE JCA JA’AFARU MIKA’ILU JCA

Appearances
Chief U. Ugolo - for the Appellants. -*- Respondents not represented.

Judgement
<p><strong> OGEBE JCA (Delivering the Lead Judgment): </strong> This appeal arose from A 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 exhibitsA,andwere sought to be tendered and an objection was raised to their admissibility by the appellants’ counsel. The trial court admitted them without givingany reasons. Evidence was also beinglaid on facts not pleaded and the learned counsel tothe appellants objected andwas 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 that the grounds …</p>

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