LOUIS ONIAH & ORS. V. CHIEF OBI J.I.G. ONYIA

KARIBI-WHYTE, JSC (Delivering The Leading Judgment): This is an appeal in which both parties in this case have challenged the judgment of the Court of Appeal delivered on the 5th May, 1985. The defendants appealed against the whole decision whereas the Plaintiffs have appealed against that part of the judgment affirming the refusal of the trial Judge of their claim for forfeiture. Thus, this Court has before it both an appeal and a cross-appeal.

This also was the pattern in the Court of Appeal. However, in that Court, the defendants/appellants withdrew their appeal before the conclusion of argument. The cross-appeal of the Plaintiff was fully argued and judgment was delivered on the basis of the arguments before the Court. The appeal of the defendants was dismissed. The cross-appeal of the Plaintiffs was partially successful. Both parties have now appealed to this Court.

I think it is necessary for a clear understanding of the issues canvassed in this court in the grounds of appeal fi…