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OWELLI ROCHAS ANAYO OKOROCHA v. CHIEF IKEDI GODSON OHAKIM & ORS

(2014) JELR 41375 (SC)

Supreme Court  •  SC.446/2012  •  24 Jan 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATIJJO MUHAMMAD JSC; CLARA BATA OGUNBIYI JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Appeal No. SC.445/2012 and SC.446/2012 are identical and on all fours one with the other. On the consensus of all counsel representing the parties, the two appeals were taken together and it was further agreed that the outcome and the decision of the former should bind the latter. Hence, and in the result therefore, with the merit of the appeal in SC.445/2012, I also make an order that appeal No.SC.446/2012 has merit and is allowed in the same terms as appeal No.SC.445/2012.

On the issue of costs, I further make an order of the sum of N100,000.00k in favour of the appellant against each of the 1st, 3rd and 4th respondents.

JOHN AFOLABI FABIYI, J.S.C.: This appeal was heard along with Appeal No.SC.445/2012. In substance, the same points of law have been canvassed in both appeals. The decision in SC.445/2012 binds this appeal.

This appeal is also allowed. The decision of the Court of Appeal is set aside. I endorse all ot…

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