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NABOTH OKWUAGBALA & ORS V. MARGRET IKWUEME & ORS

(2010) JELR 47589 (SC)

Supreme Court  •  SC.226/2003  •  3 Dec 2010  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; BODE RHODES-VIVOUR JSC;

Judgement

W. S. N. ONNOGHEN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at ENUGU in appeal No. CA/E/152/2000 delivered on the 28th day of May, 2003 in which the court dismissed the appeal of the present appellants against the ruling of the High Court of Anambra State, Holden at Nnewi in suit Nos. HN/180/97; HN/181/97 and HN/183/97 delivered on the 16th day of July, 1999 in which the court consolidated the said suits for trial and determination.

The facts of this case include the following:-

The respondents in this Court instituted suit NOS. HN/180/97; HN/181/97 and HN/183/97 as plaintiffs against the appellants as defendants claiming damages jointly and severally, arising from an alleged violation of their rights. Pleadings were filed and exchanged between the parties after which the respondents, as plaintiffs, filed an application for an order consolidating the three suits for trial and determination. The parties to the actio…

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