(2005) JELR 45182 (SC)    

Supreme Court  ·  SC.90/2001 ·  7 Oct 2005 ·  Nigeria
Other Citations
Long-John v. Blakk (2005) 17 NWLR (Pt.953)1 (2005) 10 S.C 1 (2005) 10 S.C 1
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria
Core Terms Beta
exhibits d2
trial judge
suit no. p
chief taylor john iboroma
present case
leading judgment
learned trial judge
subject matter
previous action
3rd ground of appeal
court of appeal
current case
exceptional circumstances
further appeal
leave of the court
temporary site
1st set of appellants
2nd set of appellants
2nd set of defendants
appeal fails
chief willy-braide
documentary exhibits
dokubo-ekine polo land
final conclusion
following cases
fouchee bakana-delga
judgment of the trial court
learned trial justices of the court of appeal
native law
paramount chief of fouchee
parcel of land
pokiye fubara families of efoko bakana
port-harcourt high court
propriety of the order of the trial judge
representatives of the iboroma family
reserved judgment
said exhibits
said ground of appeal
udo udoma
weight of evidence

OGUNTADE, J.S.C. (Delivering the Leading Judgment): The respondents were the plaintiffs before the Port-Harcourt High Court where they claimed against the 1st set of appellants as the defendants for:

1. A declaration that the plaintiffs are entitled to the customary light of occupancy according to Kalabari native law and custom to all the piece or parcel of land known and called Fubara Polo, Akpana Polo and Dokubo-Ekine Polo land situate at Fouchee Bakana-Delga.

2. N400.00 damages for trespass.

3. Injunction restraining the defendants by themselves, their agents and or servants from committing further acts of trespass thereon.

The respondents brought the suit as the representatives of Dokuboye Ekine, Orubioyo Akapana and Pokiye Fubara families of Efoko Bakana. The 2nd set of appellants who are the representatives of the Iboroma family were on their own application later joined to the suit and were described as the 2nd set of defendants.

The parties filed and exchanged pleadings aft…

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