UBAGU & ORS V OKACHI & ORS

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

This appeal will therefore be allowed. Judgement of the learned trial Judge in

the court below is hereby set aside, and as the issue between the parties has not

been decided on the facts before the Court, it is ordered that the case be remitted

to the Court below for the Judge to give his judgement on the facts before him.

The appellant is entitled to the costs of this appeal which are assessed at 38 gui-

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neas. Costs in the Court below to be assessed by the Judge after the determina-

tion of the case.

Appeal allowed; case remitted for

decision on the facts.

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UBAGU & ORS V. OKACHI & ORS

15

OZOMAGBO UBAGU & ORS.

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APPELLANTS

V

CHIEF OZONECHI OKACHI & ORS.

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RESPONDENTS

SUIT NO. FSC 158/1962

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SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

28th February, 1964.

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Legislation- Constitution of the Federation, 1963, s.117(6)(a).

Appeals to Supreme Court- Civil Cases - Practice at hearing - High Court order

affecting persons not sued, but no appeal by them; order not disturbed.

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ISSUE:

1. Whether a non-party to a civil case can appeal against an order of the court,

where the order affects him.

FACTS:

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Section 117(6)(a) provides that the right of appeal - "Shall be exercisable in the

case of civil proceedings at the instance of a party thereto or, with the leave of the

High Court or the Supreme Court at the instance of any person having an interest

in the matter

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"

The High Court made an order on the whole people of Awha to vacate the land

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although the defendants were not sued as representing them; the defendants in

their appeal complained that the order went too far. The Supreme Court refused

to disturb the order; the portion of the judgment on that point is given below.

CASES REFERRED TO IN JUDGMENT:

1.

Anlaby v. Praetorius

(1888) 20 Q.B.D 764.

2.

Hughes v. Justin

(1894) 1 Q.B. 667.

E.O. Araka

and

F.

Nwadialo,

appeared for the defendants/appellants.

A.I. Aseme,

for the plaintiffs/respondents.

BRETT, J.S.C.

(Delivering the Judgment of the Court), dealt with other points

and continued:-

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