EDJEKPO
V.
OSIA

(2007) JELR 50552 (SC)    

Supreme Court  ·  SC.250/2001 ·  2 Mar 2007 ·  Nigeria
 · 
Other Citations
Edjekpo v. Osia (2007) 8 NWLR (Pt.1037) 635 (2007) 3 S.C (Pt I) 1 (2007) 3 S.C (Pt I) 1
Edjekpo v. Osia (2007) 8 NWLR (Pt. 1037) 635
CORAM
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
defendants
appellants
learned trial judge
court of appeal
issues
learned justices
judgment of the trial court
traditional evidence
senior advocate
preliminary objection
boundary of the land
judgment of the learned trial judge
appellate court
second additional ground of appeal
competence of the second additional ground of appeal
decision of the trial court
eto land
j.s.c
decision of the court of appeal
error of law
suit no. uhc
final decision of the court
judgment of the court of appeal
delta state high court
entire proceedings of the trial court
leading judgment
present case
result of the loss of the evidence
set of evidence
subsequent decision of the trial court
appeal of the respondents
documentary evidence exhibit
exhibits d
first additional ground of appeal
following issues
judgment of the said court
land matter
order of perpetual injunction
order of the trial court
reported loss of court records
reported loss of the evidence of the respondents
respective briefs of argument
said order of consolidation
support of their respective claims
trial of the suit
uri land of uluthe quarters of enwe
witnesses dw1

A. I. KATSINA-ALU, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Benin Division, delivered on 4 April, 2001 in which the Court of Appeal ordered that the suit be remitted to the Delta State High Court for retrial.

This is a land matter. The appellants as plaintiffs in suit No. UHC/12175 brought this action for themselves and on behalf of Uri the Quarters Enwhe Town, for declaration of title to Eto Land, N600.00 damages for trespass and an order of perpetual injunction.

The respondents herein filed a cross action as plaintiffs against the appellants in suit No. UHC/19175 for declaration of title to Uri land of Uluthe Quarters of Enwe, N 1,200.00 damages for trespass and perpetual injunction. The two suits were consolidated by an order of the trial court made on 12 November, 1976. By the said order of consolidation, the appellants became the plaintiffs while the respondents became defendants.

At the hearing the appellants called…

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