(1997) JELR 45521 (SC)    

Supreme Court  ·  SC.99/1990 ·  17 Jan 1997 ·  Nigeria
Other Citations
Egbo v Agbara (1997) 1 NWLR (Pt.481)
Egbo v. Agbara (1997) 1 NWLR (Pt. 481) 293
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
port harcourt judicial division
inordinate delay
fair hearing
high court law
present case
reasonable time
constitution of the federal republic of nigeria
ahoada judicial division
high court
order of transfer
rivers state
decision of the trial court
rivers state of nigeria
conclusion of hearing
court of appeal
mr. justice j.d. manuel
parcel of land
traditional evidence
trial of the suit
brass division
chief judge of the state
clear breach of the statutory provisions
continuation of the case part
customary law
dagogo-manuel j.
declaration of title of ownership
evidence of an order
evidence of the boundaries of these pieces
final judgment of manuel j.
following facts
former rivers state of nigeria
hand of the chief judge of the high court
impressions of the witnesses
leading judgment
learned counsel
people of opolo village
port harcourt judicial division of the high court of justice
said land
s. m. a. belgore
subsequent trial
taking of witnesses
time lapse
transfer of the case
unanimous judgment
unchallenged finding of the trial court
virtue of the combined effect of sections

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): In the Port Harcourt Judicial Division of the High Court of Justice of the former Rivers State of Nigeria, the plaintiffs, who are now respondents, for themselves and as representing the people of Opolo Village, caused a writ of summons to issue against the defendants, now appellants,for themselves and as representing the people of Okutukutu and Etegwe villages, claiming as follows:-

"(i) A declaration of title of ownership of the piece or parcel of land known as "Kaliema" and "Okobede" situate at Opolo Village Yenagoa in Brass Division in the Rivers State of Nigeria, whose value is five pounds .

(ii) 3500 pounds general damages for trespass in that the defendants wrongfully entered upon the plaintiffs' land and planted crops as well as damaging some plaintiffs property on the said land.

(iii) A perpetual injunction restraining the defendants, their servants or agents from entering on or in any manner whatsoever, committing any fur…

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