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BENJAMINE DAMINABO IWO & ORS v. HUBERT OCKIYA & ORS

(2009) JELR 47299 (CA)

Court of Appeal  •  CA/PH/86/98  •  14 Jul 2009  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

EJEMBI EKO, J.C.A. (Delivering the Leading Judgment): May, 1977 two suits nos. PHC/74/75 and PHC/173/72 before the High Court of Rivers State were consolidated by order made by Pepple, J. with the further order that-

"plaintiff in PHC/74/75 shall be plaintiff in the consolidated action. Since he has already opened his case."

The trial of the consolidated suits proceeded accordingly. On 30th March, 1981 counsel for the parties concluded their final addresses in the consolidated suits. Judgment was then adjourned to 23rd April, 1981. There was no minute of any proceedings on 23rd April, 1981.

The judgment in the consolidated suits was however delivered on 14th September, 1981 - five months, 15 days after the conclusion of final addresses on 30th March, 1981. The judgment is at pages 161 - 176 of the Record of Appeal.

On 24th November, 1981 the Appellants lodged their appeal against the judgment with four (4) original grounds of appeal. Two more additional grounds of appeal were filed b…

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