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EKPE & ORS
V.
OKE & ORS

(2001) JELR 44276 (SC)

Supreme Court 11 May 2001 Nigeria
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Case Details

Suit Number:SC.35/1996
Judges: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
Counsel:B. C. Ogbuli (with him, J. E. O. Ogbuli, Esq.) -for the Appellants For Appellant Dr. Onyechi Ikpeazu, (with him, Ugonna Nwachukwu, Esq.) - for the Respondents For Respondent
Other Citations:Ekpe v. Oke (2001) 10 NWLR (Pt.721)341 (2001) 5 S.C (Pt.1) 180

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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