(2018) JELR 50557 (SC)    

Supreme Court  ·  SC.375/2013 ·  13 Apr 2018 ·  Nigeria
Other Citations
Mba v. Mba (2018) 15 NWLR (Pt. 1641) 177
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria
Core Terms Beta
decision of the court of appeal
dismissal of the appellant
decision of the trial court
sylvanus chigho mba
leading judgment
trial court
portion of the said ofia-ajagu compound
grant of reliefs
late mba utobo
suit no. a
order of court
view of the fact
high court
right of his siblings
native law
first son
counter claims
plaintiffs dispute plan no.ssc
settlement of records
2nd paragraph of the record
mba utobo
buraimoh vs. bamgbose
suit property
judgment of the trial court
statement of defence
trial judge
following reliefs
concurrent findings of fact
local government area of anambra state
ofia ajagu
various compounds
order of the trial court
piece of others
claim counter
brothers of full blood
counter claim of the appellant
death of mba utobo
bamgbose vs oshoko
high court judgment
grave of the late mba utobo
issue of right of the respondent
findings of the trial
mba utobo compound
following terms
late father

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu division, delivered on the 28th day of April, 2013. Coram: Abdulkadir, Akeje, and Agim, JJCA, wherein the Court below upheld the decision of the trial Court in granting reliefs 1, 2, 3, 4, and 5 of the Respondent's claim but set aside the part of the decision that granted reliefs 6 and 7 of the claim. The Court below also set aside the dismissal of the appellant's counter claims by the trial Court.

One Sylvanus Chigho Mba was the plaintiff at the trial Court and up to the 6th of December, 2017 when he was substituted by the order of Court. The appellant and the respondent are brothers of full blood, being children of late Mba Utobo of Amaowelle village, Amansea, in Awka North Local government Area of Anambra State.

Before the Nigeria civil war, the said late Mba Utobo held a compound at Okpuno-Uno, Amaowelle Village, Amansea, where he lived with his family.…

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