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KARIBI-WHYTE, J.S.C. (Delivering the Leading Judgment): On the 6th February, 1990, this Court by a unanimous decision summarily allowed the appeal of the appellants from the decision of the Court of Appeal Division, Port Harcourt; set aside the judgment of the court below and ordered a rehearing in that court. We stated that the reasons for allowing the appeal will be given today. This, I now proceed to do hereunder.
The point involved in this appeal is very short. But it is crucial and fundamental to the question of fair hearing and the validity of the hearing of an appeal in appellate courts based on the papers considered by the court.
The facts of this case are as short as the point involved. The substantive issue relating to the claim by the plaintiffs/respondents for a declaration of title, damages for trespass and perpetual injunction against the defendants/appellants, is not here in issue. The contention of the appellants is that the court below did not determine the appeal o…