(1999) JELR 45343 (SC)    

Supreme Court  ·  SC.173/90 ·  7 May 1999 ·  Nigeria
Other Citations
Bunyan v. Akingboye (1999) 7 NWLR (Pt.609) 31
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
amapetu of mahin
learned trial judge
present action
trial court
declaration of title
extension of time
4th defendant
ownership of the land
present case
judgment of the court of appeal
parcel of land
high court
counter-claim of the 4th defendant
following declarations
grounds of appeal
grounds of facts
judgment of the trial court
learned counsel
possession of the land
said land
a. g. karibi-whyte
brother uthman mohammed
case of atanda v
civil suit
considered judgment
customary tenancy of the said land
evidence of the plaintiff
first record of the dispute
forfeiture of the defendants
grant of injunction
high court of ondo state
kalashuwe of apoi land
leading judgment
ondo provincial court
oreana rivers
respective claims
source of dispute
submission of the learned counsel
village of kofawe

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): A parcel of land between the Oluwa and Oreana rivers in Okitipupa Division of Ondo State has been a source of dispute between the ljaw-Apois and Ilaje communities. The dispute has a chequered history. The first record of the dispute is from a civil suit filed by one Jubo, the Oba of the Ijaws, against one Omoluwole, the Amapetu of Mahin. The case was heard on 19th December, 1917, at Ondo Provincial Court, presided over by R.D.N. Raikes, a Colonial Resident.

In January, 1974, the respondents in this appeal, who were the plaintiffs before the trial High Court of Ondo State claimed against the appellants (defendants before the High Court) for the following declarations:-

"(i) Declaration of title according to customary law to all that piece or parcel of land situated at Kurugbene-Ipinle in Ilaje area of Okitipupa Division;

(ii) Forfeiture of the defendants' customary tenancy of the said land;

(iii) Possession of the land."

Before th…

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