(1998) JELR 45594 (SC)    

Supreme Court  ·  SC.76/1991 ·  13 Mar 1998 ·  Nigeria
Other Citations
Kele v. Nwerebere (1998) 3 NWLR (Pt.543)515 (1998) 3 S.C 86
Kele v. Nwerebere (1998) 3 NWLR (Pt. 543) 515
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
suit no. ho
terms of settlement
issue number
conclusive act of possession
high court
statement of claim
grounds of appeal
mathias ike
annual farming
decision of the learned trial judge
evidence of p.w.
order of injunction
people of amachara
brother ogwuegbu j.s.c
case of the plaintiffs
declaration of ownership of akpaka land
east central state
evidence of the appellants
findings of the learned trial judge
following issues
high court of eastern nigeria
judgment of the court of appeal
leading judgment
ogboko land
okigwe judicial division of the high court
oral evidence of the terms of settlement
people of ezieke na owerre of akpukpa
perpetual injunction
possession of the land
proof of their respective cases
said land
said suit
separate customary courts
successive years
such oral evidence
testimonies of the witnesses
trial court
weight of evidence

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This appeal is from the judgment of the Court of Appeal, Enugu Division delivered on 6th June, 1989. The proceedings leading to the appeal started with two suits filed in two separate customary courts in the then Eastern Nigeria. Both suits were transferred to the High Court of Eastern Nigeria holden at Owerri. They were later inherited by the Okigwe Judicial Division of the High Court of the then East Central State and were numbered as HO/1/71 and HO/2/71.

The plaintiffs in Suit No. HO/1/71 who are the respondents in this court are the people of Ezieke Na Owerre of Akpukpa in Uturu while the defendants in the same suit are the appellants before us and are the people of Amachara, Oguduasa in Isuikwuato. The parties changed positions in Suit No. HO/2/71. Both parties were in Okigwe Division of Imo State but are now in Abia State following the creation of that State. The two suits were consolidated for hearing with the consent of the p…

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