(2000) JELR 43981 (SC)    

Supreme Court  ·  SC.6/1993 ·  11 Feb 2000 ·  Nigeria
Other Citations
Ito v. Ekpe (2000) 3 NWLR (Pt.650)678 (2000) 2 S.C 98
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
issue estoppel
suit no. hu
traditional history
disputed land
learned trial judge
supreme court
trial court
high court
statement of claim
doctrine of issue estoppel
various exhibits
amended statement of claim
following cases
parcel of land
senior counsel
survey plan
favour of the defendants
judgment of the court
portion of idu land
real parties
reverse order
said plan
appeal of the plaintiffs
basis of the plea of estoppel
brief of argument
chief okon udo ekpe
court proceedings
decisions of the courts
dispute exhibit24
following issues
instant suit
ita plan no. lsh
leading judgment
leave of the trial court
people of ifiayong v
plan no. lsh
previous cases
respect of the judgment of the trial court
respect of various acts of the appellants
see ogiamen v
subject matter of hui2
view of the totality of the evidence

EJIWUNMI, J.S.C.(Delivering the Leading Judgment): This appeal is against the judgment of the court below, wherein that court upheld the appeal of the plaintiffs/respondents in respect of the judgment of the trial court which was delivered in favour of the defendants/appellants. At the trial court the respondents claimed against the appellants for the following principal relief:-

"A declaration that they, the plaintiffs, are the radical/titular owners in possession of all that piece or parcel of land known as and called Esuk Ikotetuong (sometimes otherwise fictitiously and popularly nicknamed Esuk Ifiayong mostly by strangers to the area) and being a piece and/or portion of Idu land generally situate in Uyo Division of the Cross River State of Nigeria which Esuk Ikot Etuong aforesaid is as set out, described and/or otherwise delineated in the plan No. LSH 751 by E. Ekpenyong Esqr F.N.I.S. and licensed surveyor and dated 2nd November, 1969 being verged pink (which is the same as the on…

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