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ARCHIBONG & ORS.
V.
ITA & ORS.

(2004) JELR 45008 (SC)

Supreme Court 16 Jan 2004 Nigeria
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- The case involves a dispute over ownership and occupation of certain forest and palm plantation lands. - The trial judge dismissed the plaintiffs' claim, but the Court of Appeal granted declaratory relief. - The appellants have appealed t

Case Details

Suit Number:SC.103/1995
Judges:IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Supreme Court of Nigeria
Counsel:Professor S. A. Adesanya, SAN (with him. W. Kasali, Esq.) For Appellant Chief Adetunji Fadayiro, SAN (with him. Chief M. D. Onasanya) For Respondent
Other Citations:Archibong v. Ita (2004) 2 NWLR (Pt.858) 590 (2004) 1 S.C. (Pt 1) 108 (2004) 13 W.R.N 11 S.C

TOBI, J.S.C. (Delivering the Leading Judgment): This is a representative action. It is between two communities in Cross River State. Ikot Iwang is one. The other is Ifiang Nsung and Ifiang Oyong. They share one name in common. It is Akpabuyo. The two communities have been in litigation for over eighty-eight years. This would appear to be the third case on record. The first one was decided in 1915. The trial Judge was Webber J., The judgment of the court is exhibit 9. It was delivered on 22nd February, 1915. The second one was decided on 3rd November, 1941. The trial Judge was Martindale, J. The judgment of the court is exhibit 2. In exhibit 9, representatives of the appellants filed an action against representatives of the respondents for a declaration of title to Isong Ifiang or Aqua Ubom. Webber, J., in his judgment, held thus:

"In this case I find from the evidence that the land in dispute called Ifiang Nsun or Aqua Ubom and including the beach land called Esuk Okon has always been…

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