EBBA
V.
OGODO & ANOR.

(1984) JELR 46457 (SC)    

Supreme Court  ·  SC.79/1982 ·  13 Apr 1984 ·  Nigeria
CORAM
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
evidence
court of appeal
learned trial judge
trial court
2nd defendant
ebba family
3rd defendants
surrounding land
trial judge
second defendant
minor families
traditional evidence
learned justice of the court of appeal
declaration of title
learned judge
chief ogodo of sapele
land boundary
learned justice of appeal
parcel of land
plaintiffs of whatever amount
respect of ugbeyiyi
said ugbeyiyi village
contradiction make use of the advantage
court of appeal finds
court of trial
diverse acts
diverse witnesses
duty of the trial court
family basis
family ownership of certain portions of their land
father ebba
good reason
high court of justice
important finding of the learned judge
issue of fact
j. chief warri ogodo
leading judgment
lone decision
m. m. shadipe
ogodo family of sapele
painstaking judgment
part of his judgment
respect of such lands
reverse findings of fact
rights of use
said plaintiffs
sets of evidence
sifting of the various evidence

ESO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice, before Ogbobine, J. Chief Warri Ogodo and Washi Ogodo took out a summons on behalf of themselves and the Ogodo family of Sapele claiming -

"(1) a declaration of title to all that piece or parcel of land known as Ugbeyiyi and the surrounding land up to the land boundary between Chief Asagba of Amukpe and Chief Ogodo of Sapele lying and situate in Ogobobare, Sapele,

(2) an order for the payment over to plaintiffs of whatever amount was received as compensation by the 2nd and 3rd defendants from the then Western Regional Government of Nigeria by falsely representing themselves as owners of Ugbeyiyi and the surrounding land in Ogobobare, Sapele; and

(3) an order for the payment over to the plaintiffs the amount of N1,200.00 (one thousand two hundred naira) received as ten years rent by the 2nd and 3rd defendants from Koloko Bone Crushing Company Ltd. Sapele by falsely representing themselves as owners of Ugbeyiyi…

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