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MARCUS UKAEGBU & ORS V. MARK NWOLOLO

(2009) JELR 47302 (SC)

Supreme Court  •  SC.126/2002  •  23 Jan 2009  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; PIUS OLAYIWOLA ADEREMI JSC; MOHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC;

Judgement

F. OGBUAGU, J.S.C. (Delivering the Leading Jugdment): This is an appeal by the defendants/appellants against the decision of the Court of Appeal, Port-Harcourt Division (hereinafter called "the court below"), allowing the appeal of the plaintiff/respondent and setting aside the judgment of the Imo State High Court sitting at Aboh-Mbaise and delivered by Nsofor, J. (as he then was), dismissing the plaintiff's/respondent's suit no. HAM/19/82 in respect of a piece or parcel of land. The court below ordered a retrial of the case before another Judge of the High Court of Imo State,

"who should visit the locus in quo to make it easy to resolve the conflict in the traditional histories of the parties in respect of the land in dispute and also to know the true position of the land in exhibit 2",

Dissatisfied with the said decision, the appellants have appealed to this court on three (3) grounds of appeal. Without their particulars, they read as follows:

"GROUND ONE: Error in law:

The learned …

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