ROAD TRANS. EIVIP ASS_ OF NIG. V. N.U.R.T.W.

• Pages: 290-302

290

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NIGERIAN SUPREME COURT CASES [1992] 1 N.S.C.C.

any manner whatsoever treating the 5th defendant as the traditional ruler or

Eze Uzu or Obi of Awka."

The order made by the lower court amounts to a judgment by an appellate court

in respect of a matter yet to be heard by the trial court.

It is for these reasons and the fuller reasons given by my learned brother, Uche

Omo, J.S.C. that I will also allow the appeal, set aside the ruling of the lower court

to the effect that the recognition accorded the 5th appellant is null and void. I abide

by the order for costs in favour of the appellants.

BABALAKIN, J.S.C. I have had a preview of the judgment just delivered by my

learned brother Omo, J.S.C. I agree with the reasoning and conclusions reached

in the judgment.

The judgment has extensively and effectively treated all the relevant issues for

determination raised in the appeal.

I too allow the appeal. I set aside the ruling of the Court of appeal appealed

against, including its order setting aside the recognition accorded the 5th appel-

lant, is hereby set aside.

I award N1,000.00 costs in favour of the appellants.

Appeal allowed.

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20

ROAD TRANS. EIVIP

ASS_

OF NIG. V. N.U.R.T.W.

R.T.E.A.N.

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APPELLANT

V.

N.U.R.T.W.

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RESPONDENT

APPEAL No. SC. 4/1989.

SUPREME COURT OF NIGERIA

UWAIS,

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J.S.C.

KAWU,

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J.S.C.

WALT

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J.S.C.

OMO,

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J.S.C.

BABALAKIN,

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J.S.C.

21st February, 1992.

Appeals - Brief - Purpose of - Oral argument - Party not allowed to resile from position he

took in brief of judgment - When taking new position - Parties should be invited to

address court.

Locus standi -Effect - Proper consequential order to he made when plaintiff lacks locus

standi.

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