(1985) JELR 46503 (SC)    

Supreme Court  ·  SC.209/1984 ·  13 Sep 1985 ·  Nigeria
Other Citations
Ajuwa v. Odili (1985) NWLR (Pt.9) 710
MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
oforboh lake
obi of aboh
trial judge
3rd defendants
present obi
traditional evidence
court of appeal
eze iwerie
amended statement of defence
exhibit e
learned justice of appeal
learned trial judge
further acts of trespass
common ground
entire aboh people
judgment of the trial court
natives of aboh
young fish
behalf of the arumona family of aboh
high court of bendel state
justices of appeal
member of his family
oforboh fishing pond
own title
support of his findings
1st p.w.
chief sillo
demise of the obi of aboh
different reasons
exclusive possession of the land
identity of the lakes
leading judgment
member of the obi of aboh council
question of possession of the lake
right of exclusive use
said eze iwerie
said submission
see kponugle
side of the case
stool land of the obi
such excepting members of his arumona family
then obi of aboh
title of his people
traditional head of the aboh people

D. O. COKER, J.S.C. (Delivering the Leading Judgment): In the High Court of Bendel State, the plaintiff, on behalf of the Arumona Family of Aboh, claimed from the three defendants - .

(1) damages for trespass, in that they entered the land in dispute at a place called and known as Ani Obodo (Uyi-Oji) in the Ndokwa Local Government Area in Bendel State, "and began fishing in the lakes or ponds encompassed by it, namely, Oforboh fishing pond indiscriminately, killing young fish put in there for breeding purposes by the plaintiff," and

2) an order of injunction restraining them from further acts of trespass on the land and the fishing ponds or lakes.

Pleadings were filed and amended by both parties and the plaintiff filed a plan which was admitted in evidence by consent. The surveyor who prepared it was not called to give evidence as it was common ground that the identity of the lakes was not in issue.

The parties called evidence. The plaintiff himself and another member of his family (…

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