IDUNDUN & OR
V.
OKUMAGBA & ORS

(1976) JELR 40701 (SC)

Supreme Court 8 Oct 1976 Nigeria
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- The case involves a dispute over land ownership in Okere, Warri. - The plaintiffs claimed that the land belonged to the Ogitsi family, subject to the overlordship of the Olu of Warri. - The defendants disputed the traditional evidence pre

Case Details

Suit Number:SC.309/74
Judges:ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams, (with him,Chief O. Awolowo, Dr. F.A. Ajayi, Messrs. O.N. Rewane, N.E. Akporiayo, S.A. Ajuya, S.E. Agambi, S. Edema-Sillo and E. Okonedo) For Appellant Chief R.A. Fani-Kayode, (with him, Dr. M. Odje, Messrs. A.O. Akpedeye and A. Orioye) For Respondent
Other Citations:IDUNDUN & ORS. v. OKUMAGBA & ORS. (1976) 9-10 S.C. (REPRINT) 140

FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): In Suit No. W/48/1968 commenced in the High Court of the Mid-Western State sitting in Warri the plaintiffs claimed against the defendants jointly and severally:

"1. A declaration that in accordance with Itsekiri Customary Law, all that piece or parcel of land at Okere, Warri, described in Plan No. WE.2367 filed in this suit and verged PINK is the property of the Ogitsi family of Okere subject only to the overlordship of the Olu of Warri now vested in and exercisable by the Itsekiri Communal Land Trustees by virtue of the Communal Land Rights (Vesting in Trustees) Law 1959 and the Warri Division (Itsekiri Communal Land) Trust Instrument, 1959.

2. A declaration that, in accordance with Itsekiri Customary Law, defendants have forfeited their rights of user and/or occupation and any other rights or estate in or over that part of the land in dispute marked Area "B" and any right they may have in or over that part of the land in disput…

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