(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
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
suit no.w
high court
5th defendants
learned trial judge
trial judge
mr. rewane
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…

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