Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IMAH & ANOR
V.
OKOGBE & ANOR

(1993) JELR 44664 (SC)    

Supreme Court  ·  SC.206/1990 ·  10 Dec 1993 ·  Nigeria
 · 
Other Citations
Imah v. Okogbe (1993) NWLR (Pt. 316) 159 (1993) 12 SCNJ 57
Imah v. Okogbe (1993) 9 NWLR (Pt. 316) 159
CORAM
MOHAMMADU LAWAL UWAIS JSC ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC YEKINI OLAYIWOLA ADIO JSC ANTHONY IKECHUKWU IGUH JSC

Ratio Decidendi

Core Terms Beta
dispute
appellants
court of appeal
respondents
learned trial judge
parcels of land
appellants' claim
general damages
possession of the land
customary right of occupancy
award of damages
inter alia
alleged trespass
judgment of the learned trial judge
parcel of land
judgment of the court of appeal
members of the appellants
said land
statement of claim
sufficient evidence
survey plan no. lsf
aforesaid issues
award of substantial damages
behalf of members of akuku community
case of the claim
consideration of the evidence
copy of the lead judgment
finding of trespass
foundation of a town hall
further acts of trespass
government build houses
high court of the defunct bendel state
leading judgment
leave of the court
meaning of a word
motu raise
points of fact
present site of akuku land
request of the bendel state government
state government
submissions of the learned counsel
such nature of grant
view of the respondents
yellow hut

ADIO, J.S.C. (Delivering the Leading Judgment): The appellants, for themselves and on behalf of members of Akuku Community, in the High Court of the defunct Bendel State, Auchi Judicial Division, sued the respondents, for themselves and on behalf of Ojirami Community claiming:

"(i) A declaration that the plaintiffs are entitled to the customary right of occupancy of all that piece or parcel of land shown and verged pink in survey plan No. LSF 2757 filed in this suit.

(ii) ₦250,000 being general damages for the defendants' trespass on the said land.

(iii) Perpetual injunction restraining the defendants whether by themselves, their agents or servants or otherwise howsoever from committing further acts of trespass on the said land."

Pleadings were duly filed and exchanged. With the leave of the Court, the Statement of Claim filed by the appellants and the Statement of Defence filed by the respondents were amended. The evidence led by the appellants was that two ancestors of members of Ak…

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