AWANI & ORS.
V.
EREJUWA II, OLU OF WARRI & ORS

(1976) JELR 46254 (SC)

Supreme Court · SC.425/74 · 15 Oct 1976 · Nigeria
·

Other Citations

AWANI & 3 ORS. v. EREJUWA II, OLU OF WARRI & 4 ORS. (1976) 9-10 S.C. (REPRINT) 271

CORAM

DARNLEY A. R. ALEXANDER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO G. IRIKEFE Justice of The Supreme Court of Nigeria CHARLES O. MADARIKAN Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria

Core Terms ^Beta

appellants

applicants

case

suit no.w

discretion

high court

5th defendants

appeal

learned trial judge

trial judge

mr. rewane

order

benin city

civil procedure

clear intention

decision of the high court

itsekiri customary law

land registry

said land

unjustifiable delay

2nd defendants

appeal of the applicants

communal land rights

d.430 show

date of the application

exercise of a trial judge

exercise of his discretion

first defendant

first plaintiff

following grounds

grant of the land

high court of the former midwestern state

jurisdiction of this court

leave of the high court

new ode-itsekiri layout

orders of the high court

parcel of land

particular court

present applicants

record shows

ruling of the learned judge

said overlordship

second defendant

second plaintiffs

stage of the proceeding

statement of the trial judge

subject matter of the action

survey plan no.t.j.m.

warri judicial division

ALEXANDER, C.J.N. (Delivering the Leading Judgment): The appellants in this appeal (hereinafter referred to as "the applicants/appellants") had applied in the High Court of the former Midwestern State (now Bendel State) of Nigeria at Warri Judicial Division for an order allowing them to join and defend Suit No.W/115/1960 for themselves and on behalf of the Abbor-Tosan-Fiyee section of Ekpenede/Ogitsi family of Okere, Warri. Suit No.W/115/1969 was pending in the High Court at the material time. The claim before the High Court, as amended before the date of the application was as follows -

1. A declaration that the first plaintiff is the overlord in accordance with Itsekiri Customary Law of all that piece or parcel of land situate in the New Ode-Itsekiri Layout at Ekurede village, Warri Division within the jurisdiction of this court and measuring about 44.47 acres as shown in survey plan No.T.J.M. 584 attached to the document registered as No.20 at page 20 in Volume 75 of the Land Regis…

AWANI & ORS. V. EREJUWA II, OLU OF WARRI & ORS

AWANI & ORS.
V.
EREJUWA II, OLU OF WARRI & ORS