EIGBEJALE
V.
OKE & ORS.

(1996) JELR 45889 (SC)    

Supreme Court  ·  SC.46/1991 ·  7 May 1996 ·  Nigeria
 · 
Other Citations
Eigbejale v. Oke (1996) 5 NWLR (Pt.447)128
Eigbejale v. Oke (1996) 5 NWLR (Pt. 447) 128
CORAM
ABUBAKAR BASHIR WALI 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 EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
plaintiff
issue
court of appeal
udomi village
learned justices of the court of appeal
statement of claim
judgment of the trial court
appeal court
grounds of appeal
decision of the court of appeal
finding of the learned trial judge
first person
founder of udomi village
conclusion of the learned trial judge
contention of the appellants
evidence of 2nd d.w.
exhaustive review of the evidence
grant of a statutory right of occupancy
ishan native law
own land
respect of the findings of the trial court
above finding of fact of the trial court
abundant evidence of the appellant
balance of probabilities of the evidence
briefs of argument
clear error
component villages viz
conclusion of hearing
due respect
ekpoma judicial division of the high court of justice
entire area
full possession
great great grand father of the plaintiff
leading judgment
method of acquisition of land
orders of the trial court
owner of such piece
parcel of farm land
parcel of his farm land
plaintiffs case
preponderance of evidence
provocative acts of trespass
question of possession of the disputed land
said oghaloa
subsequent trial
traditional title of the iyasele of irrua
village land

IGUH, J.S.C. (Delivering the Leading Judgment): In the Ekpoma Judicial Division of the High Court of Justice of the former Bendel State of Nigeria, the plaintiff, who is now the appellant, caused a writ of summons to issue against the defendants, who herein are the respondents, claiming, as subsequently amended as follows:-

"1. A declaration that the plaintiff is entitled to the grant of a Statutory right of occupancy to that piece or parcel of his farm land and rubber plantation lying and being situate at Udomi Village, Uwessan in Irrua clan, Okpebho Local Government Area of Bendel State of Nigeria which said piece or parcel of farm land and rubber plantation are more properly delineated in pink in plaintiff's survey plan no. WE 4095 which is filed with this Statement of Claim.

2. N10.000.00 being general damages for defendants provocative acts of trespass and maliciously and wantonly destroying plaintiffs mature rubber trees and other economic crops.

3. A perpetual injunction restra…

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