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NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): There are two separate appeals in this case each supported with its separate set of briefs. The first raises a somewhat novel issue as to the value, if at all, of a judgment, which has been declared null and void. The second challenges the judgment of the Court of Appeal, Benin Division on the re-hearing on the merits of the case. Because of the novelty and importance of the points raised in the first set of briefs, we decided to take that appeal first and, if our conclusions thereon still so warrant, to take the second appeal. In my statement of facts therefore I wish to try as much as possible to limit myself to those facts of the case which are sufficient to give meaning to the issues in contention in the first appeal.
The case itself started in 1969 in the High Court of Asaba Judicial Division of the Midwestern State of Nigeria as suit no. AG/1/69. The claim was for a declaration of title to a piece or parcel of land known as an…