ADOMBA & ORS. V. ODIESE & ORS.

• Pages: 129-143

ADOMBA & ORS. V. ODIESE & ORS.

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129

abide by all the orders made by my brother Nnaemeka-Agu J.S.C.

KAWU, J.S.C.:

I have had the advantage of reading in draft the judgment just

delivered by my learned brother, Nnaemeka-Agu, J.S.C., and for the reasons given

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by him and with which I am in complete agreement, I would also dismiss this appeal

and it is hereby dismissed with 4500.00 costs awarded to the respondents.

BELGORE, J.S.C.:

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I read in advance the judgment of my learned brother,

Nnaemeka-Agu, J.S.C. and I am in complete agreement with his conclusion and

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consequential orders. I have nothing more useful to add. I also dismiss this appeal

and make order for costs of 4500.00 against the appellants.

WALT, J.S.C.:

I have had the privile ge of reading before now, the lead judgment of

my learned brother, Nnaemeka- Agu, J.S.C. For the same reasons contained in the

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judgment. I too will dismiss the appeal and do hereby dismiss it, adopting the

consequential orders made therein.

ADOMBA & ORS. V. ODIESE & ORS.

!O

15

1.

Chief Adomba

2.

Chief Efamo

3.

Asieria Aloko

4.

Frank Ogele

(For themselves and on

behalf of the Ekoni

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family of Opomatabo)

V

1.

Benjamin Odiese

2.

Nicholas Apurusein

3.

Chief Opuene

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(For themselves and on

behalf of Ake family and/or

the Akipelai Community)

Nigerian Agip Oil Co. Ltd.

SUPREME COURT OF NIGERIA

UWAIS,

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J.S.C.

BELGORE,

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J.S.C.

AGBAJE,

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J.S.C.

NNAEMEKA-AGU, J.S.C.

WALT,

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J.S.C.

26th January, 1990.

PLAINTIFFS/APPELLANTS

DEFENDANTS/RESPONDENTS

1ST SET

DEFENDANT (2ND SET)

SUIT NO. SC. 151/1987.

Practice and Procedure - Pleadings filed in an earlier case - Propriety of using it in a later

case - Issues in earlier proceedings - how ascertained - Appeal - Duty of Appellate Court

- Findings of fact - Attitude of appellate court.

Judgment - Native court judgment - Binding Effect.

Evidence - Admissibility - pleadings filed in a previous case whether admissible in a latter

case.