SAMUEL ONONUJU & ANOR. V. ATTORNEY-GENERAL, ANAMBRA STATE & ORS.

P.O. ADEREMI, JSC (Delivering the Leading Judgment): This is an appeal against the majority judgment of the Court of Appeal, Enugu Division (hereinafter referred to as the court below) coram Thompson Akpabio JCA of blessed memory and Niki Tobi JCA (as he then was) delivered on 13th of July, 1998 dismissing the appeal of the plaintiff who was the appellant before the court below thus upholding the judgment of the trial court which had dismissed the plaintiff's case on the 24th of October, 1994.

The appellants in this appeal were the plaintiffs in Suit No. HN/53/90; (1) Eng. Samuel Ononuju and (2) Frederick Azubuine (representing Ndumanya Family of Umuohi, Okija) as plaintiffs and (1) Attorney-General, Anambra State, (2) Commissioner for Works, Lands and Transport, Anambra State and (3) Chief Emmanuel Eze Onwuka, as defendants. The plaintiffs had before the High Court of Justice, Anambra State sitting at Nnewi Judicial Division, taken action against the defendants, claiming against them…