(1978) JELR 46347 (SC)    

Supreme Court  ·  SC.122/1976 ·  10 Feb 1978 ·  Nigeria
Other Citations
AKPOR v. IGUORIGUO & 5 ORS. (1978) 2 S.C.
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
judgment of the high court of midwestern
impressions of the case
evidence of the parties
ateme family
parcel of land
maternal grandfather of the 6th defendant
said ateme family
leading judgment
first defendant
case of the ateme
said witnesses
taking of the evidence
odhe-emeni family
trial judge
6th defendant
uzere customary court
learned judge
said parcel of land
order of permanent injunction
given proceeding
members of the ateme family
long intervals of delay
following reliefs
proceedings of the uzere customary court
leave of his normal duties
next day
further hearing
favour of the plaintiff
following note
good use of his advantage
principal complaint of the ateme family
inspite of the decision
state of nigeria
first plaintiff witness
later date
members of the said ateme family
23rd day of october
lapse of time
odhe branch of the emeni family of irri town
further entry
chief justus uduedo iguoriguo
possible effect
cross-examination of the seventh witness
judgment hereafter
set aside
long delay

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): In this action the plaintiff, represented by Chief Justus Uduedo Iguoriguo, is the Odhe Branch of the Emeni family of Irri town in the Isoko Administrative Division of Bendel (formerly, Midwestern) State of Nigeria and the defendant, represented by Odhogu Iguoriguo and four others, is the Ateme family of the same town in the same Administrative Division. We have before us an appeal by the said Ateme family from a judgment of the High Court of Midwestern (now, Bendel) State holden at Ughelli in favour of the plaintiff (in this judgment hereafter also referred to as the "Odhe-Emeni family") by which the Odhe-Emeni family was granted:

"(a) A declaration of title to the piece or parcel of land known and called EDHERIUWA in Irri bush and which area is shown described and verged pink on the Survey Plan No. TJN 911 marked Exhibit 'A' in these proceedings; and

(b) N50.00 damages for the trespass;

(c) an order of permanent injunction against…

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