(1975) JELR 46234 (SC)    

Supreme Court  ·  SC.124/1974 ·  28 Feb 1975 ·  Nigeria
Other Citations
ASEIMO & ORS. v. AMOS & ORS. (1975) 2 S.C. (REPRINT) 54
TASLIM O. ELIAS Justice of The Supreme Court of Nigeria GEORGE S. SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
burial ground
traditional evidence
learned counsel
onuoto cemetery
traditional evidence of the plaintiffs
access road
camp site
piece of land
shell b. p.
trial court
6th p
acts of possession
basis of the judgment
basis of the plaintiffs
counsel of either party
criminal case
evidence of exclusive occupation of other portions
evidence of occupation
farm lands
favour of the appellants
finding of fact
findings of the learned trial judge
ground show
judgment of douglas j.
leading judgment
native court suit
oruoto cemetry
particular area
particular issue
port harcourt high court
portion of land shell b.p.
portions of land
previous cases
respect of acts of possession
rivers state
said land
support of plaintiffs claim
traditional evidence of ownership
trial judge
user of the area

SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Douglas J., delivered on the 15th of October, 1973 at the Port Harcourt High Court in the Rivers State. The claim before that court is for "a declaration of title to a piece of land known and called Onuoto of about 482.8 acres in the Kolo Creek between Otuasega and Imiringi villages in Ogbia in Brass Division".

For reasons best known to him, the learned trial Judge, after hearing the case and the address by counsel, non-suited plaintiffs' claim, without giving an opportunity to the counsel of either party to address him on the propriety of ordering a non-suit.

The learned trial Judge in his judgment stated as follows:

"The plaintiffs' case is based on three main matters namely, Traditional evidence of ownership; acts of possession and Exhibit 1 (the 1942 Native Court Suit) being judgment over certain portions of land on the land in dispute. I shall now deal with these matters."

After examinin…

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