(2002) JELR 44532 (SC)    

Supreme Court  ·  SC.59/1996 ·  3 May 2002 ·  Nigeria
Other Citations
Ezeokonkwo v Okeke (2002) 11 NWLR (Pt.777)1 (2002) 5 S.C (Pt.I) 44
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
declaration of title
learned trial judge
present case
traditional history
trial court
evidence act
amended statement of claim
acts of ownership
exhibit b
judgment of the trial court
present suit
said land
long possession
traditional evidence
decision of the court of appeal
issue of acts of ownership
native court suit
ownership of the land
small parcels of land
such acts
above findings of the trial court
behalf of the umu-ohuekwe family of eziagu
claim of title
close review of the evidence
high court of justice
issue of the plaintiffs
leading judgment
native court
piece of land
possession of the entire ohuekwe family land
property of the plaintiffs
respect of this land
respect of traditional history
sickly female issue
unanimous decision
view of the learned trial judge

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued on the 15th day of August, 1973, at the High Court of Justice of the now defunct East Central State of Nigeria, Amawbia Awka Judicial Division, the plaintiffs, for themselves and on behalf of the Umu-Muora family of Eziagu village, Aguluezechukwu instituted an action against the defendants jointly and severally, for themselves and on behalf of the Umu-Ohuekwe family of Eziagu, Aguluezechukwu claiming as follows:

"(1) Declaration of title to all that piece of land called "Ani Owele" situate in Aguluezechukwu.

(2) N100.00 damages for trespass.

(3) Injunction restraining the defendants, their servants, and/or agents from further trespass on the plaintiffs "Ani Owele" land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The case accordingly proceeded to trial and the parties testified on their own behalf and called witnesses. Each side led evidence which showed that it relied…

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