(2000) JELR 44167 (SC)    

Supreme Court  ·  SC.140/1995 ·  16 Jun 2000 ·  Nigeria
Other Citations
Eze v. Atasie (2000) 10 NWLR (Pt.676) 470 (2000) 6 S.C (Pt I) 214 (2000) 9 W.R.N 73 C.A
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
traditional history
root of title
court of appeal
lower court
declaration of title
learned trial judge
leading judgment
gilbert atasie
portions of the land
evidence of traditional history
first plaintiff
high court
iota of evidence
light of the evidence
material times
statement of claim
trial court
credible evidence
edozie jca
evidence act
following heads of umuololo family
maximum acts of ownership
number of issues
obasi miri shrine
recent acts of possession
such evidence
traditional evidence of the respondents
various acts of ownership
alleged grant of land
boundaries of the land
course of the judgment of the lower court
evaluation of the traditional history
evidence of pw1
great ancestor ololo
history fails
judgment of the court of appeal
learned justice of the court of appeal
members of umuololo family
names of the successive heads of their family
piece of land
portions of land
said appeal
said evidence
state of the pleadings
strength of his case

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Port Harcourt Division given on 8th June, 1993. The plaintiffs as members of Umuololo family in Ogwe village of Ukwa Division instituted this action in a representative capacity at the High Court, Aba on 9th December, 1976. They sought three reliefs against the defendants, namely (1) a declaration of title to a piece of land they call Uzo Egbelu Ogwe made up of three portions of land known as Akami, Ogbaku and Ugiri Egbede-Iyi Ekwe; (2) general damages of N2,000.00 for trespass; and (3) perpetual injunction. After a full hearing, the learned trial Judge gave a considered judgment on 26th March, 1985 in which he declared the plaintiffs entitled to the customary right of occupancy of the piece of land, awarded N500.00 as general damages and ordered perpetual injunction against the defendants.

The defendants raised a number of issues in their appeal to the Court of Appeal against t…

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