LEONARD OKOYE & ORS. V. NIGERIAN CONSTRUCTION & FURNITURE CO. LTD. & ORS

AKPATA, JSC (Delivering the Leading Judgment): The central issue in this appeal is whether a decision reached by a Court in a suit in which a desirable party, or even a necessary party, was not joined as a party would be null and void and can be so declared by another Court of co-ordinate jurisdiction. There is also the question whether oral evidence would of necessity be required in demurrer proceedings challenging the competence of a Court of co-ordinate jurisdiction to entertain a suit seeking to nullify the earlier decision of the first Court of trial. The declaration that the Order of the High Court, Onitsha, made on the 20th day of April, 1982, in Suit No.0/301/81: Seidy Enterprises Ltd. instituted an action against Nigerian Construction and Furniture Co. Ltd. Judgment was entered for Seidy Enterprises Limited. The default in payment of the judgment debt resulted in the sale by auction of certain items of property belonging to the judgment debtor, the Construction Company on 27/…