EMMANUEL ONYEMA & ORS. V. UWAEZE OPUTA & ANOR.

ESO, J.S.C. (Delivering the Leading Judgment): This appeal has raised a very interesting issue of law as to the appropriate court where the action should be heard. But let us state the facts first, and, indeed, they are not in controversy.

The action of the Plaintiffs for damages for trespass and injunction was filed in the High Court of Mid-Western State in the Ughelli Judicial Division. It was Suit UHC/45/73, and dated 22nd October 1973.

Hearing commenced before Aghoghovbia J. in the Ughelli High Court, and continued till 15th January 1976. It was then adjourned to 2nd March, but before that date, Aghoghovbia J. had been retired from the Bench, and so, the case had to be commenced de novo.

However, in that year, the Kwale Judicial Division was created in the same Mid-Western State and so the case was transferred to Kwale High Court. It was re-numbered HVK/11/76. That was not all that happened in 1976. By the States (Creation and Transitional Provisions) Act 1976, Nigeria became a n…