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ILONA
V.
IDAKWO & ANOR.

(2003) JELR 44812 (SC)    

Supreme Court  ·  SC.97/1999 ·  30 May 2003 ·  Nigeria
 · 
Other Citations
Ilona v. Idakwo (2003) 11 NWLR (Pt.830)53 (2003) 5 S.C 216 (2003) 5 S.C 216
CORAM
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
exhibit
respondents
right of occupancy
2nd defendant
1st defendant
exhibit d1
statutory right of occupancy
certificate of occupancy
trial court
statement of claim
total petrol filling station
1st respondent
grant of a right of occupancy
land tenure law
leading judgment
learned counsel
lower courts
plot of land
right of occupancy no.
2nd plaintiff
following reliefs
following terms
holder of a statutory right of occupancy
joseph idakwo ejiga
late father
said certificate no.
2nd defendants
2nd respondent
amended statement of defence
evidence of ownership of the land
idah high court
learned trial judge ochimana
leave of the court
letters of administration exhibit
name of ukwenya ochijenu utenu
part of the estate of his late father
petition of mr. ukwenya utenu
provisions of the land use act
purported revalidation of exhibit
revocation of exhibit
right vests
said defendant
said letter
subsequent purported grant
suit no. id
virtue of the respondents father

D. O. EDOZIE, J.S.C. (Delivering the Leading Judgment): Proceedings giving rise to this appeal are a little bit complex both with respect to the parties and the subject matter in controversy. The proceedings emanated from the administration of the estate of one Joseph Idakwo Ejiga who died intestate leaving among his heirs the two sons who are the plaintiffs/respondents on record.

By a writ of summons in suit No. ID.17/89 filed at the Idah High Court on 19th of September, 1989, Sunday Idakwo, the 1st respondent herein as plaintiff sued his brother John Idakwo (2nd respondent) and Emmanuel Ilona (appellant) as 1st and 2nd defendants claiming the following reliefs:-

"(a) The 1st defendant to hand over to him all the properties, money and documents connected with the estate of their late father Joseph Idakwo Ejiga as the administrator of the estate.

(b) The 2nd defendant to vacate the plot of land at the Total Petrol Filling Station situate at Sabon Gari opposite St. Boniface Primary Sc…

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