(1976) JELR 45128 (SC)    

Supreme Court  ·  SC.460/74 ·  2 Jul 1976 ·  Nigeria
Other Citations
Ebosie v. Ebosie (1976) 7 S.C. 72
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
venn road north
no. 16a
iboku street
learned trial judge
no. 11a
head of the family
male children
new market road
1st plaintiff
communal property of the children of philip onwunnamugha ebosie
eldest son
provisions of the will
2nd plaintiff
children of philip onwunnamugha ebosie
communal property of the ebosie family
personal building
statement of defence
venn road
3rd plaintiffs
3rd witness
children of the late philip onwunnamugha ebosie
copies of the will of their late father
court find
entire contents
family circle
family dispute
findings of the learned trial judge
following declarations
following properties
g. s. sowemimo
issues of another mother
leading judgment
life interest
lot of properties
made children
main building
new evidence
parcels of land
part of the said rent
personal reason refuse
result of the 1st plaintiff
said land
select family meeting of his brothers
storey house
time of the death of his father
weight of evidence
years rent

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): In the High Court of Justice of the former East-Central State, holden at Onitsha the Plaintiffs/Respondents took out against the Defendant/Appellant a writ of summons claiming:-

(i) A declaration that the two pieces or parcels of land situate at 16A, Venn Road North, Onitsha and No. 11A, Iboku Street, Onitsha which are more clearly shown and delineated in a plan to be filed in Court are the communal property of the children of Philip Onwunnamugha Ebosie.

(ii)An injunction to restrain the Defendant, their servants, agents and privies from erecting Defendants personal building on the said land. Pleadings were ordered, settled and duly delivered and the issues joined came up for trial before Oputa, J. After hearing evidence and address of counsel, he delivered a considered judgment on the 9th day of September, 1974 (a) striking out the counterclaim without leave; (b) dismissing the claim for injunction; and (c) granting the Plaint…

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