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PETER OJOH V. OWUALA KAMALU & ORS.

(2005) JELR 45207 (SC)

Supreme Court  •  SC.139/2001  •  16 Dec 2005  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal (hereinafter in the rest of this judgment referred to as the court below) sitting in Port Harcourt, Rivers State, delivered on 29th of February, 2000 allowing the appeal of the respondents (plaintiffs in the trial High Court) by setting aside that court's decision. The judgment of the court below is at pages 261-275 of the records which concluded (Per Pats-Acholonu,JCA as he then was) at page 274 thereof thus:

"In the final result, the appeal succeeds and the judgment of the lower court is set aside."

The appellants herein being dissatisfied filed a notice of appeal dated 23rd of March, 2000 containing eight grounds of appeal. By a motion on notice dated 5th November, 2001 the appellants sought the leave of this court to regularize the said appeal, prayers contained therein which this court granted in the following terms:

(i) An order extending the time within which the appell…

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