(2021) JELR 109197 (SC)    
Supreme Court  ·  SC.232/2002 ·  16 Apr 2021 ·  Nigeria
Musa Dattijo Muhammad, JSC Chima Centus Nweze, JSC Helen Moronkeji Ogunwumiju, JSC Abdu Aboki, JSC Tijjani Abubakar, JSC

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal Port Harcourt Division delivered by Coram J. O. Ogebe, J.C.A., S.A. Nsofor, J.C.A. and A. J. Ikongbeh, J.C.A. on 27/12/2001 wherein the Court of Appeal unanimously affirmed the judgment of the High Court of Justice Imo State, holden at Owerri. The facts that led to this appeal are as follows:

In 1975, the appellants who were the plaintiffs at the High Court had a dispute with the respondents over landed property delineated in plan No. JJ. 38/63 (p. 192 at 35) in which they claim belongs to Ehihie and as descendants of Ehihie they had title to that piece of land. They gave the history of how the land devolved on them through their ancestor Ehihe. The respondents who were the defendants, at the High Court pleaded estoppel per rem judicata, evidencing the judgment of their predecessors in title as regards the instant land in dispute and urged the Court to dis…

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