(1997) JELR 45484 (SC)    

Supreme Court  ·  SC.241/1991 ·  16 May 1997 ·  Nigeria
Other Citations
Kamalu v. Umunna (1997) 5 NWLR (Pt.505)
Kamalu v. Umunna (1997) 5 NWLR (Pt. 505) 321
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
umuogele family
exhibit c
trial court
exhibits c
court of appeal
umudaba family
1st respondent
statement of claim
judgment of the trial court
documentary evidence
high court
exhibit e
above suit
evidence of d.w.
exhibits r
leading judgment
separate identity
above constitute admissions
ancestors of umuogele
appellants chief donald udogu
appellants title
distinct families
evidence of their separate identities
exhibit a
exhibit b.
following reliefs
identical issues
influential chief
name of the 1st appellant
only descendants of the late daba
original grounds of appeal
parcels of land belong
preponderance of evidence
rest of this judgment
said decision
said land
such findings
s. u. onu
support of the respondents
tinge of family status
view of the claims

S. U. ONU, J.S.C. (Delivering the Leading Judgment): The plaintiffs, herein appellants, had in a representative capacity sued the defendants, herein respondents, also in a representative capacity at the Imo (now Abia) State High Court sitting at Aba claiming the following reliefs:-

"(i) Declaration that the plaintiffs are the only descendants of the late Daba.

(ii) Declaration to the customary right of occupancy in respect of 'Egbelu Umudaba' land and 'Okpulo Daba' the annual value of which is N10.00 situate at Umuocham within the Aba Judicial Division

(iii) N400.00 being general damages for trespass.

(iv) Perpetual injunction."

Pleadings were ordered, filed and exchanged in this case which has a tinge of family status. While the appellants amended and further amended their Statement of Claim and the respondents delivered their Statement of Defence, the case went to trial at which four witnesses testified for the appellants and the same number of witnesses were called in support of th…

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