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DURU
V.
NWOSU

(1989) JELR 50551 (SC)

Supreme Court 7 Jul 1989 Nigeria
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- The case involves a dispute over land ownership between two communities. - The trial court's approach in resolving the issues raised in the case is discussed. - The court of appeal upheld the trial court's approach and refused to order a

Case Details

Suit Number:SC.150/1987
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria
Counsel:Chief G.C.M. Onyiuke, S.A.N. (with him, G.C.B. Okany. E. O. I. E Ekong and E.O. Ekpo) For Appellant P. E. Munonye, Esq. (with him, I. I. Onumaegbu Esq.) For Respondent
Other Citations:Duru v. Nwosu (1989) 4 NWLR (Pt.113) 24

NNAMANI, JSC (Delivering the Leading Judgment): This appeal is interesting from several perspectives. First, in substance it is about a case in which two communities are contending about title to a piece of land known as ALA-AMAEKE. Each community claims that the land in dispute formed part of a larger area which had descended to it from its ancestors. Each also claimed that it gave the other community a portion of this land and neither community claimed the portion on which the other community resided. Second, the case has raised once more the perennial question of how a trial court should approach the resolution, in a judgment, of the issues raised before it in a civil suit.

In this Suit which started from the High Court of the East Central State, Gulu Judicial Division, the plaintiffs (respondents herein) suing as representatives of the Umuokwara Onene Umuezeala Ogboko family sued defendants (appellants herein) in their personal capacities for the following reliefs.

"1. Declaration…

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