(1991) JELR 45824 (SC)    

Supreme Court  ·  SC.3/1990 ·  27 Sep 1991 ·  Nigeria
Other Citations
Aja v. Okoro (1991) 7 NWLR (Pt.203)206 (1991) 9-10 SCNJ 1 (1991) 9-10 S.C 27
Aja v. Okoro (1991) 7 NWLR (Pt. 203) 260
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria UCHE OMO Justice of The Supreme Court of Nigeria
Core Terms Beta
statement of claim
isaac chukwu
eme stream
declaration of title
grounds of appeal
iyinu stream
court of appeal
learned trial judge
afikpo division
learned justices of the court of appeal
brief of argument
specific findings of fact
defendants plan
effect of the failure of the learned trial judge
exhibit a
first time
leading judgment
plan exhibit b
plan no. og
principal acts of possession
small portion of the land
view of the fact
adjoining area
common boundary
consent of the plaintiffs
evidence d.w.1 george arinze obianwu
evidence of the plaintiffs
imo state
judgment of the learned trial judge
land case
land dispute
learned trial judge araka
main issue
member of the defendants
members of umobor village
ownership of ezeba pond
people of ogwor village ishiagu
plan of the parcel of land
said area
wrong delineation of the land

E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): This is an appeal in a land case with all the intricacies associated with land dispute between neighbouring communities. The main issue in this appeal however relates to wrong delineation of the land in dispute in the defendants plan. There is also the question, among others, whether arguments should be based on the issues formulated in the brief of argument or on the grounds of appeal filed.

In February, 1971, the people of Ogwor village Ishiagu, Afikpo Division, Imo State, represented by the plaintiff, instituted an action against the members of Umobor village in Akeze, Afikpo Division claiming (i) a declaration of title to 'Elueke' land alleged by the plaintiffs to situated at Ogwor village (ii) N200.00 being damages for trespass, and (iii) a perpetual injunction.

Pleadings were ordered and exchanged. Before the defendants were served with the statement of claim along with the plan of the 'Elueke' land put in dispute by th…

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