(1997) JELR 45457 (SC)    

Supreme Court  ·  SC.134/1989 ·  24 Jan 1997 ·  Nigeria
Other Citations
Ejindu v Obi (1997) 1 NWLR (Pt.483) 505
Ejindu v. Obi (1997) 1 NWLR (Pt. 483) 505
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
trial court
learned trial judge
payment of tribute
judgment of the court
grounds of appeal
implication of payment of tribute
miscarriage of justice
statement of claim
decision of the trial court
high court of anambra state
important aspect of the defence case
circumstances of this case
common descent
evaluation of evidence
high court
1st june
3rd march
above piece of evidence
appellants action
behalf of the ejindu family of umu-muoneme
chief judge
consideration of this appeal
decision of the court of appeal
exclusion of the plaintiffs
failure of the learned trial judge
family live
findings of the court
following reliefs
judge of the anambra state high court
leading judgment
main issues
obi families of umu-ikewlugo
partition of the said ana umuebunam
raise suo motu
recovery of possession of the family
rest of this judgment
rules of this court
son of okpala ogigala
successful plaintiffs
s. u. onu
totality of the evidence
traditional history
view of the findings of facts

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The appellants as the successful plaintiffs in the High Court of Anambra State, presided over by Awogu, J. (as he then was) holden in Onitsha, lodged the appeal herein from the decision of the Court of Appeal, Enugu Division (coram: Katsina-Alu, Macaulay and Oguntade, JJ.C.A.) which upheld the defendants/respondents appeal thereto. It was sequel to plaintiffs/appellants action filed for themselves and on behalf of the Ejindu family of Umu-Muoneme, Umuebunam, in Uruowolu Village, Obosi against the defendants/respondents who defended the action for and on behalf of Uyenu, Udechukwu and Obi families of Umu-Ikewlugo, Umuebunam in Uruowulu Village, Obosi, as per their writ dated 11/10/76 for the following reliefs:-

"1. Declaration that Ana Umuebunam situate at Obosi, comprising Ana Odo Izuzu, Ogwugwu Enebo and Abo, is the communal property not of the defendants alone but of both the plaintiffs and the defendants Annual value N20.00.

2. D…

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