D. O. IBEKWE, JSC (Delivering the Leading Judgment): This appeal is unusual in the sense that it is from a decision which is not what it purports to be a consent judgment. It is a rambling judgment, which does not seem to have decided anything. On the other hand, the trial in the court below was, in our view, marred by some serious procedural mistakes and errors in law to such extent that the whole proceedings could be described as a "comedy of errors". Throughout the trial save during the contempt proceedings, no witnesses were called; the trial was conducted by means of affidavits and counter-affidavits.
To be able to do justice to the case therefore, we think that, we should review stage by stage, the proceedings in the court below. At every convenient moment, we shall endeavour to set down our views on the procedure adopted, and the law applied by the lower court.
On the 29th June, 1972 the plaintiff (herein respondent) filed an action in the Port Harcourt High Court for trespass …