(1998) JELR 45595 (SC)    

Supreme Court  ·  SC.77/1992 ·  18 Sep 1998 ·  Nigeria
Other Citations
(1998) 9-10 S.C 18
Ibenye v. Agwu (1998) 11 NWLR (Pt. 574) 372
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria
Core Terms Beta
learned judge
court of appeal
suit no. hu
traditional history
learned trial judge
declaration of title
trial court
said land
parcel of land
ihie people
plea of res judicata
sons of ndume
okpula umuohu
parts of their ugwute land
acts of ownership
ancestors of the plaintiffs
ancestors of umuohu people
leave of court
preponderance of evidence
settlement of umuohu people
support of the finding
briefs of argument
case of the plaintiffs
case of the umuohu-azueke community
chief nnochiri agbara
conclusion of evidence
evidence of the boundaries
finding of the court of appeal
grants of land
issues of res judicata
leading judgment
okonko society of umuohu azueke
order of court
part of ugwute land of ihie people
representatives of the ihie community of ndume-ibeku
subject matters
such issue
umuohu-azueke community of ndume-ibeku
umuohu azueke village settlement
view of the fact
years of initiation

OGUNDARE, J.S.C (Delivering the Leading Judgment): In suit No. HU/7/74, Abraham Agwu and Onyebuchi Amaechi, for themselves and as representing Umuohu-Azueke community of Ndume-Ibeku sued Onyemakfe Nwakwuruibe, Odum Awomukwu and Nnesirionye Obike in the Umuahia Judicial Division of the High Court of former East Central State, claiming -

"(a) Declaration of title to all that lot piece or parcel of land known as and called 'Okpula Umuohu' situate at Umuohu, Azueke, Ndume, Ibeku within the Umuahia Judicial Division - annual rental value N10.00.

(b) N1,000.00 being special and general damages for trespass upon the said land.

(c) Injunction permanently restraining the defendants, their servants, agents and/or workmen from further entry upon or interference with the said land."

The defendants were, with leave of court, allowed to defend as representatives of the Ihie community of Ndume-Ibeku. In another action, HU/8/74 instituted in the same court and about the same time, that is February 19…

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