(2003) JELR 44770 (SC)    

Supreme Court  ·  SC.170/1999 ·  11 Jul 2003 ·  Nigeria
Other Citations
ISO v. ENO (2003) 12 NWLR (PT. 835)585 (2003) 7 S.C. 121
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
suit no. c
29th april
akim qua town
ikang eta
supreme court
trial court
appeal no. fsc
decision of the arbitration
dry land
federal supreme court
high court
learned trial judge
n10,000.00 costs
part of ikang eta
supreme court suit no. fsc
account of all money
a. i. katsina-alu
akim qua clan
akim qua clan of the defendants
circumstances of this case
consolidated cases
decision of the arbitrators
defences of laches
d. o. edozie
first action
fresh action
issue of customary law
leading judgment
m. e. ogundare
order of account
recovery of possession of the ikang eta land
respect of case no. c
said account
share of proceeds
statement of claim
such account
third of the total amount of monies
u. a. kalgo

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal was argued before us on the 29th of April, 2003, and after hearing learned counsel for the Defendants/Appellants, I dismissed the appeal with N10,000.00 costs to the Plaintiff/Respondent and indicated then that I would give my reasons for the judgment on the 11th July, 2003. I now give reasons for my judgment.

This case has a chequered history in that the first action in respect thereof was instituted in 1942. It found its way to the Federal Supreme Court in 1960 when that court decided the appeal to it on 9th November, 1961. A fresh action leading to this appeal commenced in 1976. One Ikang Eta was the original settler and founder of the settlement known as Akim Qua Town and owner of all the land constituting the settlement. The Plaintiff in this action, that is, Oyo Family are of Big Qua Town and are maternally related to Ikang Eta through the latter's brother and sister. The Defendants on the other hand are direc…

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