(1976) JELR 46286 (SC)    

Supreme Court  ·  SC.295/1968 ·  19 Nov 1976 ·  Nigeria
Other Citations
AKO v. EJEKWEMU (1976) 11 S.C. (REPRINT) 47
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria
Core Terms Beta
land tenure law
customary right of occupancy
decision of the trial court
laws of northern nigeria
trial court
tribal boundaries
abujaga villages
area of the land
inter-tribal boundaries settlement law
land cases
native lands
square miles
administrative unit
boundaries of the lands
common ground
communities of iyano village
contention of the learned counsel
disputed area
district officer
eastern bank
following proceedings
former high court of northern nigeria
former native court of the atta igala
former provincial court
judgment of the provincial court
leading judgment
learned counsel
m. bello
native authority
native court of competent jurisdiction
parcel of land
present appellant
present respondent
provisions of subsection
river niger
subject of a statutory right of occupancy
village of abujaga

M. BELLO, J.S.C. (Delivering the Leading Judgment): The case resulting in this appeal has a protracted history. It was started in 1962 in the former Native Court of the Atta Igala where the present respondent, as plaintiff, sued the present appellant, as defendant, and claimed a declaration of title to a parcel of land at Iyano and Abujaga villages. After having heard the evidence, the trial court found for the plaintiff and made the declaration sought. The defendant appealed to the former Provincial Court which allowed the appeal and nullified the decision of the trial court. In turn, the plaintiff appealed to the former High Court of Northern Nigeria and that court allowed his appeal, set aside the judgment of the Provincial Court and restored and affirmed the decision of the trial court. It is against the decision of the High Court that the defendant has appealed to this court.

At the hearing of the appeal in this court, we invited counsel for both parties to address the court as t…

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