(1998) JELR 45690 (CA)    

Court of Appeal  ·  CA/PH/105/90 ·  15 Jan 1998 ·  Nigeria
Other Citations
Ebimotureh v. Inekembagha (1998) 3 NWLR (Pt.543)
Ebimotureh v. Inekembagha (1998) 3 NWLR (Pt. 543) 548
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria
Core Terms Beta
exhibit g
balubou family
pupa lake
learned trial judge
seimokumo igwe
suit no.
case no.
puipa lake
statement of claim
present case
court judgments
foubiri families
inter alia
borodani family
branches of the present cross-appellants
chief orovu of the okpotulubou family
court decisions
defendants families
enjoyment of pupa
exclusive owners of the lands
family of balubou
following year
foubiri family
given family
given year
high court
judgment of tabai j
judgment of the customary court of olobiri kaiama
leading judgment
order of rotational fishing
plaintiffs okpotulobou family
present defendants
previous native court cases nos
purpose of these fishing
right of the plaintiffs
rivers state
said family
said fishery
such rights
trial court
vested rights
view of the foregoing interpretation

UWAIFO, J.C.A. (Delivering the Leading Judgment): The plaintiffs appealed while the defendants cross appealed against a judgment of Tabai J given on 29 September, 1988 at the High Court, Yenagoa, Rivers State. The reliefs sought by the plaintiffs as finally contained in paragraph 16 of their statement of claim read:

"Wherefore the plaintiffs' claim against the defendants is for a declaration that they are entitled to the fishery (sic) right in every alternative (sic) year or in rotation with the family of Balubou and or any other family or people claiming through that family in and over Pupa lake or pond.

Perpetual injunction restraining the defendants from interfering with the right of the plaintiffs in the use and enjoyment of Pupa in the alternative (sic) years."

From the statement of claim, it would appear the plaintiffs attempted to rely on traditional history and some court judgments in support of their claim. The defendants to some extent also relied on history and court judgme…

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