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IRENUMA ODIASE & ANOR v. VINCENT AGHO & ORS.

(1972) JELR 42448 (SC)

Supreme Court  •  SC.337/1969  •  12 Mar 1972  •  Nigeria

Coram
IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

I. LEWIS, J.S.C. (Delivering the Leading Judgment): In Suit B/18/68 in the Benin High Court, the plaintiffs filed an originating summons in the following terms:-

"IN THE MATTER OF THE CONSTRUCTION OF DOCUMENTS IN THE MATTER OF THE LOCAL GOVERNMENT LAW (CAP. 68) SECTION 13. IN THE MATTER OF INQUIRY INTO WARD BOUNDARY DISPUTES. IN THE MATTER OF THE FINDING OF THE LOCAL GOVERNMENT ADVISER.

ORIGINATING SUMMONS

ORDER 5, RULE 4 OF THE RULES OF THE SUPREME COURT OF ENGLAND, 1965.

Let all parties (that is to say the Plaintiffs and the Defendants herein) attend the Judge at the High Court of Justice, Benin City on the 12th day of July, 1968 at the hour of 9O'clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the plaintiffs herein for:-

A. A Judicial Construction of "The Moat" as appears in the documents marked Exhibits "AA", "BB" and "CC" attached to this Summons having regard to the following:-

(i) Reference is made to two moats in Exhibit "AA" whereas Exhibit "B…

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