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EZEKUDE
V.
ODOGWU & ORS.

(2002) JELR 36103 (SC)

Supreme Court 12 Jul 2002 Nigeria
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Case Details

Suit Number:SC.63/1998
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:G. R. I. Egonu, SAN (with him, P. O. Okonkwo, Esq.) For Appellant Respondents absent and unrepresented For Respondent
Other Citations:Ezekude v. Odogwu (2002) 13 NWLR (Pt.784) (2002) 7 S.C (Pt.I) 119

S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): This appeal arose out of two consolidated suits in the High Court of former Bendel State which went on appeal to Court of Appeal, Benin branch. The two suits were first heard at Kwale but for reasons not found in the record, and not explained in this court, the matter was transferred to Ogwashi-Uku division of the High Court, on the very date the Kwale High Court was to deliver judgment in the matter.

The respondents herein were the plaintiffs in the consolidated suit while the appellants were made the defendants. The plaintiffs called the land in dispute "Agwe Umuofu" and the defendants called it "Agwe Udema". But the land is the same; there is no dispute as to its identity. In the course of trial at Ogwashi-Uku the respondents intermittently called the same land "Agwe Utchi" and in a motion amended their claim to include declaration of title. Thus the plaintiffs claimed:

(i) title to the land which is an island in River Nig…

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