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WAYO UBWA V. TIV AREA TRADING COUNCIL & ORS.

(2004) JELR 46892 (SC)

Supreme Court  •  SC.71/2000  •  21 May 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC;

Judgement

KUTIGI, J.S.C. (Delivering the Leading Judgment): Because of the nature of the order which I intend to make finally in this appeal, I do not wish to say anything about the facts and or merit of the case at this stage especially when it is realised that the case may later return to this court. I will therefore confine myself to the short but decisive preliminary point of law relating to the judgments of the Court of Appeal only.

This is an appeal against the judgment of the Court of Appeal holden at Jos in appeal No. CA/J/12/1995 delivered on the 14th day of February, 2000.

The lead judgment herein, dismissing appellant's appeal, was delivered by Akpabio, J.C.A. who presided and was concurred by Umoren and Mangaji, J.C.A. (see pages 240-253 of the record). However, the record shows on page 238, that the appeal was heard by the panel of Akpabio, Umoren, and Chukwuma-Eneh,J.C.A. on 18/11/99 when judgment was reserved till 27/1/2000. On 27/112000 judgments were not ready and the case was …

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