ETAJATA
V.
OLOGBO

(2007) JELR 49390 (SC)    

Supreme Court  ·  SC.138/2002 ·  15 Jun 2007 ·  Nigeria
 · 
Other Citations
Etajata v. Ologbo (2007) 16 NWLR (Pt.1061) 554 (2007) 6 S.C. (Pt II) 1 (2007) 6 S.C. (Pt II) 1
Etajata v. Ologbo (2007) 16 NWLR (Pt. 1061) 554
CORAM
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria
Core Terms Beta
issues
defendants
trial court
land
court of appeal
learned trial judge
lower court
evidence of pw5
printed record of appeal
appellate court
judgment of the trial court
laws of bendel state of nigeria
native law
leading judgment
circumstances of this case
grounds of appeal
judgment of the court
learned counsel
behalf of omovwiare family
general rule
high court
issue no.
judgment of the court of appeal
lands instruments registration law
portions of the said land
respect of an equitable mortgage
available facts
behalf of the said family
cases of okonji v
d-e
decision of the trial court
decision of the trial judge
exclusion of other members of omovwiare family
exhibit c
family of igwrekpokpo village
finding of the trial
following terms
further sale of ugbusi land
learned jca
old bendel state
part of ugbusi land
possession of the said land
rights of the 1st plaintiff
sales of the various plots
s. r. folami
variation of the order

I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): From available facts contained in the printed record of appeal, both the plaintiffs and the defendants before the High Court of the then old Bendel State (trial court) were of same family i.e. OMOYWIARE, family of IGWREKPOKPO village in Ughelli Local Government Area. The plaintiffs claimed to sue for themselves and on behalf of the said family. The defendants were sued in their individual capacities. They denied that the plaintiffs were suing on behalf of Omovwiare family as the plaintiffs did not seek or had the consent of that family.

The dispute was on land which formed part of Ugbusi land situated and lying in Ughelli Local Government Area. The plaintiffs claimed that some portions of the said land were sold or leased by the defendants to various persons for which the sum of over N50,000.00 (Fifty thousand Naira) was received by the defendants and shared among themselves to the exclusion of other members of Omovwiare family.…

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