(1991) JELR 44638 (SC)    

Supreme Court  ·  SC.214/1987 ·  1 Mar 1991 ·  Nigeria
Other Citations
Iriri v. Erhurhobora (1991) 2 NWLR (Pt.173) 252 (1991) 3 SCNJ 1 (1991) 3 S.C 1
Iriri v. Erhurhobara (1991) 2 NWLR (Pt. 173) 252
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
court of appeal
trial court
exhibit k
5th defendant
learned justices of the court of appeal
traditional evidence
traditional history
findings of fact
ovbivbi stream
concurrent findings of fact
decision of the learned trial judge
further acts of trespass
idiemo family
parcel of land
traditional evidence of the appellants
following issues
mereje village
okinokwa land
portion of the land
present appellants
court of trial
learned senior advocate
respect of that portion of the said okpirien land
trinity college okwidiemo grammar school
appellants appeal fails
behalf of enaide family of mereje
conclusion of evidence
exhibit k.
first suit
following grounds of appeal
further notice of appeal
judgment of the lower court
land matters
leading judgment
learned trial judge akpovi
maximum acts of ownership
ownership of a parcel of land
own reply chief ororho
painstaking review of the evidence
palm trees
sapele judicial division of the bendel state high court
statement of claim

O. OLATAWURA, J.S.C. (Delivering the Leading Judgment): This appeal arose out of two consolidated suits which were separately instituted by both parties in Sapele Judicial Division of the Bendel State High Court. The appellants were the defendants in the first suit filed by the respondents, whilst the respondents were the defendants in the second suit instituted by the appellants.

The issue at stake is the ownership of a parcel of land called by different names, a practice not unusual in land matters. The suit by the present respondents: S/34/69 against the present appellants was filed on 25/11/69. The other suit S/2/71 was filed by the present appellants. Both suits were later consolidated. The present respondents were plaintiffs whilst the present appellants were defendants in the court of trial In their amended statement of claim, the plaintiffs claimed against the defendants as follows:

"As against all the defendants

(1) A declaration of Title to that parcel of land at Mereje sub…

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