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OKORI NWAEZEMA & ORS. v. OBETA NWAIYEKE & ORS.

(1990) JELR 42032 (SC)

Supreme Court  •  SC.205/1986  •  11 May 1990  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; SAIDU KAWU JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Judgement

AGBAJE, J.S.C. (Delivering the Lead Judgment): I allowed the appellant's appeal summarily on 19/2/90 and remitted the case to the Anambra State High Court for a retrial. I indicated then that I would give reasons for my judgment today. I now proceed to do so.

This appeal is concerned with a consolidated action. The two suits consolidated were suits E/120/71 and E/55/72. The plaintiffs in suit E/120/71 were the defendants in suit E/55/72 whilst the defendants in suit E/120/71 were the plaintiffs in suit E/55/72. The order for consolidation was in the following terms:-

"Suits E/120/71 and E/55/72 are hereby consolidated. The plaintiffs in E/120/71 will be plaintiffs in the consolidated suit and the defendants in E/120/71 will be the defendants in the consolidated suit."

The plaintiffs claim as plaintiffs in suit E/120/71 at the High Court was as follows:-

"1 . For a declaration of title or ownership to that piece or parcel of land known and called "Amagu Nkulishi situate at Okpuje and …

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