judy.legal
Login Register

OBI NWANZE OKONJI & ORS. V. GEORGE NJOKANMA & ORS

(1989) JELR 44213 (SC)

Supreme Court  •  SC.35/1989  •  11 Jul 1989  •  Nigeria

Coram
KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; EBENEZER BABASANYA CRAIG JSC;

Judgement

ESO, J.S.C. (Delivering The Leading Ruling): In this matter, there were two applications before the Court. We dealt with both on 13th June and reserved our reasons for the decisions we took in both. It would be better to go through each motion as one is sequel to the other.

As a preliminary, it is necessary to state few facts. The plaintiffs to the action are:

George Njokanma; Amolo Onwugbenu; and Anthony Ogbogu.

They took the action in a representative capacity "for themselves and on behalf of Ogbeide Family". The action was against-

Okwonkwo Okonji; George Nwanze Okobi; and Onochi P. Eseji.

These were sued in a representative capacity "for themselves and on behalf of Umuodogun Family Ogboli Ibuse". Indeed they were "substituted as such for the original defendants", who had died. These original defendants died one after the other and the last of them died on 7th December, 1988. It was not until 21st March, 1989 that an application was made to substitute the present defendants for tho…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login