(1974) JELR 46165 (SC)    

Supreme Court  ·  SC.2/1973 ·  31 Oct 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 678 (1974) 10 S.C. 163
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
lower court
trial judge
sabo ora
deed of lease
ora clan
sabongidda ora
behalf of the chiefs
printed evidence
public land
unoccupied land
a. g. irikefe
annual rent of the said properties
appellant argued grounds
auchi high court
common ground
credible evidence
customary grant
evidence shows
execution of the lease
exhibits c
following amended grounds of appeal
further letting of the said properties
good deal of traditional evidence
legal title
limited issues of law
main issues
members of the sabongidda ora
mr. j.d. sadoh
mr. j.w.a. ohiwerei
mr. sadoh
nigerian properties company limited
order of the trial judge
owan division of the midwestern state
people of ora
recovery of possession of a parcel
respect of the said land
said land
statement of claim
subject of a lease
subject of a prior grant
such land
such lands
survey blocks no. ob
trial of this suit
village communities
whole decision of the lower court

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): This appeal raises very limited issues of law. By their writ before the Auchi High Court, the respondents in this appeal claimed as follows against the appellant herein:

"(a) Recovery of possession of a parcel of Land, with buildings thereon, measuring 1109.93 square yards, demarcated with survey Blocks No. OB 229 to OB 232 and situated at Sabongidda Ora within the Ubiaja Judicial Division.

(b) An account of the rents and profits, payable to the plaintiffs, received by the defendant in respect of the said land and buildings.

(c) An injunction restraining the defendant, his agent and/or servants from further letting of the said properties. Annual rent of the said properties assessed at 25."

It is common ground that the parties to the action are all members of the Sabongidda Ora (hereinafter referred to for brevity as Sabo Ora) community in the Ora Clan, formerly Ivbiosakon District, now Owan Division of the Midwestern State; that…

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