(2005) JELR 45113 (SC)    

Supreme Court  ·  SC.75/1996 ·  18 Feb 2005 ·  Nigeria
Other Citations
Ikweki v. Ebele (2005) 11 NWLR (Pt.936)397 (2005) 2 S.C (Pt II) 96 (2005) 2 S.C (Pt II) 96
AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
Core Terms Beta
grounds of appeal
11th may
court of appeal
notice of appeal
23rd march
preliminary objection
trial court
court of appeal rules
lower court
ground of appeal
additional grounds of appeal
fair hearing
judgment of the court
particulars of error
trial judge
purported appeal
right of appeal
court of appeal jurisdiction
final address
favour of the plaintiffs
further hearing
interlocutory ruling of the trial court
points of law
interlocutory decision
leading judgment
learned justices
substantive judgment of the trial court
1st ground of appeal
2nd defendant present
3rd day of april
brief of argument
close of the defendant
counsel mr. z. a. smith
following issues
given point
hands of some judges
learned trial judge of his discretion
order of perpetual injunction
powers of the court of appeal
said land
sapele high court
set aside judgment of the trial court
trial judge of his undoubted discretion
unanimous judgment
whole proceedings of the high court

OGUNTADE, J.S.C.: (Delivering the Leading Judgment): The appellants were the plaintiffs at the Sapele High Court of the old Mid-Western State of Nigeria where they claimed as the representatives of the Enegware Ovwere and Osebakpor families of Ughoton Okpe clan against the respondents as the representatives of Okere village jointly and severally for the following reliefs:

"(a) A declaration that the piece or parcel of land known as Ogbele land lying and situate in Ughoton but more particularly described and edged pink in survey plan No. TJM 1434 made on the 3rd day of April, 1973 by Theophilus John Esq., licensed surveyor, and counter-signed by the Surveyor-General, Mid-West State of Nigeria on the 8th day of October, 1973 and filed with this statement of claim is the exclusive and beneficial property of the plaintiff and their Enegware, Ovwere and Osebakpor families of Ughoton town, Okpe clan, Western Urhobo division.

(b) N600.00 (six hundred Naira) damages for trespass on the said …

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