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EZEWANI
V.
ONWORDI & ORS.

(1986) JELR 42598 (SC)

Supreme Court 27 Jun 1986 Nigeria
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- The land dispute between the people of Ibusa and the people of Ogwashi-Ukwu began in 1962. - In the 1962 case, the Ogwashi-Ukwu people claimed declaration of title, damages for trespass, and perpetual injunction over the same farmland. -

Case Details

Suit Number:SC.32/1985
Judges:ANDREW OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Mr. G.O.K. Ajayi S.A.N., (with him G.N. Uwechie and A Adara (Miss) For Appellant Chief F.R.A. Williams, S.A.N., (with him Mr. P.O. Balonwu, S.A.N., Chuka Agbu and F.R.A. Williams (Jnr.) For Respondent
Other Citations:Ezewani v. Onwordi (1986) NWLR (Pt. 33)27

KAZEEM, J.S.C. (Delivering the Leading Judgment): The land dispute between the people of Ibusa and the people of Ogwashi-Ukwu both of Bendel State, which gave rise to this appeal, apparently began in 1962. It is therefore important as background to this appeal, to take a look at what happened at that time. In that year, both parties sued themselves over the same land; and those Suits - Nos B/44/62, B/46/62 and B/47/62 - (hereinafter called the "1962 case"), were subsequently consolidated for trial. In two of those Suits, the Ogwashi-Ukwu people as plaintiffs claimed declaration of title, damages for trespass and perpetual injunction over the same farmland which they called Odonkwo land. But at that time, the Ibusa people as defendants did not counter-claim for any declaration of title to the land in dispute. In both their pleadings and the evidence adduced at the trial of the 1962 cases, both parties, relied heavily on their traditional histories. The trial Judge therefore at the conc…

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