Facts
The suit was instituted as far back as 1958 before the Onitsha Judicial Division of the High Court of the former Eastern Region. As a result of the Nigerian civil war, it suffered several setbacks. After a full trial, judgement was eventually entered in favour of the Respondents on 17th June 1977, coram Nnaemeka-Agu, J. The Appellants appealed against the judgement on the ground that it was delivered without jurisdiction as His Lordship had been elevated to the Court of Appeal with effect from 15th June 1977, two days before the judgement was delivered.
Although unsuccessful at the Court of Appeal, the appeal was allowed by the Supreme Court, which ordered that the case be tried de novo. The case, accordingly, went back to the High Court. At the hearing de novo, the Appellants raised an objection to the competence of the Writ of Summons that was used to initiate the suit in 1958. The issue was fought all the way to the Supreme Court without success. Nwizu, J. eventually heard the suit to conclusion and found in favour of the Respondents in the judgement delivered on 24th April 2007. By the said judgement, the trial court held that the Respondents as Plaintiffs are entitled to the Statutory Right of Occupancy to all the land known as Isi-Agu land in Abo Ogidi.
Once more, the Appellants were dissatisfied with the judgement and filed an appeal to the Court of Appeal. The appeal was unanimously dismissed on 28/7/2011. Further dissatisfied with the decision of the appellate court, the Appellants filed the instant appeal to the Supreme Court.
