(2001) JELR 44276 (SC)    

Supreme Court  ·  SC.35/1996 ·  11 May 2001 ·  Nigeria
Other Citations
Ekpe v. Oke (2001) 10 NWLR (Pt.721)341 (2001) 5 S.C (Pt.1) 180
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria OKAY ACHIKE Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
exhibit d
learned trial judge
statement of claim
decision of the arbitrators
traditional history
leading judgment
okporo community assembly
lower court
exhibit c.
high court
record of proceedings
umudim okporo
part of exhibit c
trial court
jurisdiction of this court
lead judgment
light of exhibit
part of the land
reserved judgment
rights of the plaintiffs
sufficient evidence
ala uhu abo lands
ancestor of the defendants
behalf of the defendants
customary rights of alaakabo ukwuekwuru
different issue
following orders
issue of title
judgment of the court of appeal
judgment of the trial
learned justices
learned justices of the court of appeal
orders of the high court
parcel of the said lands
possession of the said ala akabo ukwuekwuru
record shows
respect of the various issues
said parcel of land
tendering of exhibit d

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the High Court holden at Orlu, the plaintiffs claimed against the defendants in the manner following:

"(a) Declaration that the plaintiffs are entitled to the customary rights of ALAAKABO UKWUEKWURU, UZO ULO and ALAAKABO lands situate at Umudim OKPORO within jurisdiction and each being of the annual value of N10.00 (Ten Naira).

(b) Possession of the said ALA AKABO UKWUEKWURU, UZO ULO and ALA UHU ABO Lands.

(c) Injunction restraining the defendants, their servants, agents and privies from interfering with the rights of the plaintiffs over the said parcel of land or in any manner selling parcel of the said lands to any body."

Pleadings were ordered, filed and exchanged. The action then proceeded to trial. Evidence was led on both sides. The plaintiffs called six witnesses while eleven witnesses testified on behalf of the defendants. Briefly stated, plaintiffs' case is that the defendants' ancestors migrated from Umuebu Umutanze thei…

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