S. M. A. BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent was the plaintiff at the trial Area Court, Gboko, Benue State. The claim was for a right of occupancy of the land, a farmland, situate at Mbawuar-Mbara, upon which the appellant encroached. Both parties gave evidence and called witnesses. The court paid a visit to locus in quo. The case of the respondent was that his late father, Ikutse, once made a customary grant of a piece of land to one Gbuusu (deceased), who was brother to the appellant's father. The appellant's father later came to live with Gbuusu who has erected his house on the said land, subject of the customary grant. After living for a while with his brother Gbuusu, the appellant's father moved to a portion of the land outside the land granted and made a compound. The respondent protested against this encroachment but Gbuusu intervened by explaining that the appellant's father stay was merely temporary and pleaded that he the (appellant's father) be…
HAAV
V.
KUNDU
(1997) JELR 45509 (SC)
Supreme Court 30 May 1997 Nigeria
BriefBot Summary
- The dispute concerned a claim for a right of occupancy and title over farmland at Mbawuar-Mbara, Benue State, where the respondent alleged the appellant had encroached; both parties are related and rooted their claims in alleged customary
Case Details
Suit Number:SC.306/1990
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria
EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:T. Ayanniyi For Appellant
J. A. Asongo For Respondent
Other Citations:Haav v. Kundu (1997) 5 NWLR (Pt.505)
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