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MADAM BABIE ANGEL LAWSON V. DR. VICTOR O.B. FRANK-HIGGWE & ANOR.

(2011) JELR 33135 (CA)

Court of Appeal  •  CA/PH/216/2006  •  16 Jun 2011  •  Nigeria

Coram
M.D. MUHAMMAD (OFR) JCA; EJEMBI EKO JCA; TUNDE O. AWOTOYE JCA;

Judgement

EJEMBI EKO, J.C.A (Delivering the Leading Judgment): This is an appeal against the judgment of Rivers State High Court (Coram: P.N.C. Agumagu, J) delivered on 17th July, 1998 in the Suit No. DHC/2/94. The notice of appeal was filed sequel to the order of this court granted on 14th January, 2004 which extended in favour of the Appellant time within which to file the appeal.

The Appellant filed a total of six (6) grounds of appeal. Out of these grounds of appeal three (3) issues were formulated for determination in this appeal. The issues are:-

1. Whether the respondents successfully proved their title to a defined area of land against the defendant.

2. Whether the suit is not statute barred in the first place.

3. Whether in the special circumstances of this case the lapse in time between the proceedings up judgment did not constitute a miscarriage of justice under the 1979 Constitution of Nigeria.

The Respondents in their brief adopted only issue 1 as the only issue germane for the de…

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