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SAMUEL OGUEBIE & ANOR v. CHUKWUDILE ODUNWOKE & ORS

(1973) JELR 41286 (SC)

Supreme Court  •  SC.467/1975  •  19 Apr 1973  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; GEORGE SODEINDE SOWEMIMO JSC; KAYODE ESO JSC; AYO GABRIEL IRIKEFE JSC; CHUKWUWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; MOHAMMED BELLO JSC;

Judgement

K. ESO, JSC(Delivering the Leading Judgment): This appeal first came before this Court on 8th November, 1976. Earlier on, that is on 3rd November 1976, the appellants had filed a notice of motion for leave to file and argue additional grounds to the seventeen grounds of appeal, which were originally filed with the notice of appeal. These additional grounds of appeal, and for which leave to argue was granted by the Court, are as follows:

"(xviii) The judgments of this Honorable Court in the cases mentioned in the next Ground of Appeal were given per incuriam and accordingly the decision of the lower court was not a nullity and this appeal should be entertained notwithstanding the said decisions.

In the Alternative

(xix) The trial was illegal and void as per the decision of this Honorable Court in UTTAH v. INDEPENDENCE BREWERY LTD (1974) 2 S. C. 7; OKWUOSA v. OKWUOSA (1974) 2 S. C. 13 and other cases.

Particulars of Invalidity

(a) The statement of claim was filed in "the High Court of t…

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