(1974) JELR 46188 (SC)    

Supreme Court  ·  SC.179/1972 ·  31 Jan 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 252 (1974) 1 S.C. 158
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
iwere odobriken
4th defendants
anthony okumagba
david eboh
oral evidence
otomi eboh
5th defendant
henry u. okumagba
members of olodi family
3rd defendants
above order
cogency of the reasons
ighogbadu of okere of the third part
jurisdiction of this honourable court
members of the respective families
subsequent proceedings
warri judicial division
1st respondent
4th defendants willie oki
careful examination of the record leaves
conclusive evidence
counter affidavit of the 6th defendant
dissolution of the said partnership
documentary evidence
following grounds
following orders
given case
hearing of oral evidence
high court rules
ighogbadu of the 3rd part
legal argument
main reason
oki of okere of the second part
oki of the second part
ole onoriobe of oki family
olodi of the first part
olodi oki
order of this court
present case
said partnership
support of the application
western nigeria

FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Warri High Court Suit No. W/28/71, the plaintiffs claimed against the 1st, 2nd, 3rd and 4th defendants jointly and severally as follows:

A(1) A declaration that the relationship orally created between the plaintiffs' family of OLODI of the first part, 1st and 2nd defendants' family of OKI of Okere of the second part and 3rd and 4th defendants' family of IGHOGBADU of OKERE of the third part sometime in 1950 at Okere, within the Warri Judicial Division, whereby farmlands hitherto cultivated by members of the respective families were merged and/or pooled together for the common purpose of development for alienation for profit in the joint names and on behalf of "OLODI OKI and IGHOGBADU" is a partnership.

2(a) A declaration that the said partnership or the partnership orally made in Warri within the jurisdiction of this Honourable Court sometime in 1950 between plaintiffs' family of Olodi on the first part, 1st and 2nd defendan…

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