(2005) JELR 45271 (CA)    

Court of Appeal  ·  CA/B/242/2001 ·  20 Apr 2005 ·  Nigeria
Other Citations
Idogierhie v. Oare II [2005] 17 NWLR (Pt.953)34
Idogierhie v. Oare II (2005) 17 NWLR (Pt. 953) 34
PATRICK IBE AMAIZU Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria UWANI MUSA ABBA-AJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
clan head
trial court
1st defendant
lower court
exhibit b
learned trial judge
customary dues
grounds of appeal
sharing formula
statement of defence
constituent villages
notice of preliminary objection
personal capacity
res judicata
suit no. hau
trial judge
alhaji shehu mohammed
anwai communal lands
inter alia
supreme court
1st appellant
2nd-10th defendants
actions of the eworra community development association
behalf of the appellant
benue state v
briefs of argument
clan head of anwai clan
established custom of the anwai
eworra development committee
finding of the lower court
head of the said community
issue of entitlement
leading judgment
observation of the trial court
only person
rules of the court
said exh
said notice
set aside
settled records
support of the principle
trial court ought
weight of evidence

NGWUTA, J.C.A. (Delivering the Leading Judgment): The respondent is the clan Head of Anwai clan. He instituted the action in suit No. HAU/7/98 against the appellant and 9 others. The 1st appellant was sued in his personal capacity, but the other 9 defendants in the suit were each sued in a representative capacity. The claim in the court below is for the following reliefs:

"1. A declaration that the plaintiff is the only person entitled, personally or through agent, to collect customary dues/rents on all of Anwai Communal lands.

2. Perpetual injunction to restrain the 1st defendant by himself, servants, or agents from collecting any customary dues/rents on any part or parts of Anwai communal land.

3. Perpetual injunction to restrain the 2nd-10th defendants by themselves, agents or privies from paying any dues/ rents to the 1st defendant.

4. An order compelling the 1st defendant to account fully for all customary dues, rents or monies paid to, or collected by him on any part or parts of…

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