(1976) JELR 45222 (SC)    

Supreme Court  ·  SC.123/1974 ·  10 Jun 1976 ·  Nigeria
Other Citations
Akpagbue v. Nduoku (1976) 6 S.C. 42 (1976) 6 S.C 42
MOHAMMED BELLO Justice of The Supreme Court of Nigeria DARNLEY ARTHUR RAYMOND ALEXANDER Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
suit no. uhc
learned trial judge
recovery of possession
parcel of land
1st plaintiff
high court
perpetual injunction
amended statement of defence
declaration of title
defiance of the plaintiffs title
findings of facts
portions of the said land
present appellants
7th grounds of appeal
acts of trespass
amended statement of claim
authority of the plaintiffs
c. o. madarikan
considered judgment
copious evidence
customary tenancy
customary tenure
defendants of some portions of the said oboji land
evidence of acts of ownership
evidence of this witness
following orders
ike-onicha bush
ingenious arguments of mr. lardner
jurisdiction of this court
leading judgment
material facts of ukwami
mr. bayo kehinde
mr. h. a. lardner
people of umuchimen
recovery of possession of the entire area
respect of the land
said land
said oboji land
support of the plaintiffs case
traditional history
utagha customary court
value of the land
view of the foregoing facts
view of the prolix nature of the pleadings

C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): This appeal relates to two actions which were consolidated and tried together in the High Court, Ughelli.

The first action was suit No. UHC/8/71 in which the present Appellants were the Plaintiffs, and their claim against the defendants, now Respondents, reads: -

"The Plaintiffs seek the following orders from the court against the defendants jointly and severally: -

1. Declaration of title to that piece or parcel of land known as and called OBOJI, situate at Ike-Onicha bush in Kwale within the jurisdiction of this court, the area and position are as shown in a plan to be filed later. The value of the land is about N200.

2.N100 damages for trespass committed by the Defendants on the said land.

3 Perpetual Injunction restraining the Defendants their servants and agents from further entering on and committing acts of trespass on the said OBOJI land.

"The second action was suit No. UHC/15/71 wherein the present Respondents (as Pla…

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