AGBO & ORS.
V.
UGWU & ANOR.

(1977) JELR 45230 (SC)    

Supreme Court  ·  SC.72/76 ·  21 Oct 1977 ·  Nigeria
 · 
Other Citations
(1977) All N.L.R 287 Ugwu v. Agbor (1977) 10 S.C. 18
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
defendants
case
statement of claim
appellants
learned trial judge
claim
ishiagu umuaniebo family
own land
1st plaintiff
4th defendant
authority of the plaintiffs
communal property of the plaintiffs
palmer j.
respect of family land
chief f.r.a. williams
different section of that family
favour of the plaintiffs
only land
parcel of land
portion of the said land
similar situation
various people
whole owners of the land
written consent of the plaintiffs
3rd defendant
a. o. obaseki
behalf of members of umuaniebo family
behalf of the said family
communal property of ishiagu umuaniebo family
considered judgement
detailed review of the evidence
entire family
following order
ground of greed
head of umuaniebo family
hearing evidence
high court
joint ownership
judgment of the learned trial judge
leading judgment
members of the main ishiagu umuaniebo family
native law custom of amechi
point of this argument
representative capacity
second point
supreme court
trump card
umu nwokum family onyia nshi
weight of evidence

A. O. OBASEKI, J.S.C (Delivering the Leading Judgment): The proceedings from which this appeal arose were commenced in the Enugu Judicial Division of the High Court of the East Central State now High Court of Anambra State on 31st December, 1971.

In that Court, the claim, in its final amended form as set out in paragraph 16 of the Statement of Claim, was for

(1) A declaration that the piece or parcel of land known as and called Achara Ukwu which is situate at Awkunanaw in this Judicial Division and verged pink in plan No. E/GA 140/72 is the communal property of the plaintiffs and the defendants.

(2) Perpetual Injunction to restrain the defendants, their agents and assignees from disposing of any portion of the said land either by sale, lease, mortgage or in any other manner without the written consent of the plaintiffs.

Pleadings were ordered and duly delivered, and after hearing evidence, the High Court (Phil Ebosie, J .) delivered a considered judgement in which he reviewed the evi…

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