(1982) JELR 45257 (SC)    

Supreme Court  ·  SC.11/1982 ·  24 Sep 1982 ·  Nigeria
Other Citations
MELIFONWU & ORS. v. EGBUYI & ORS. (1982) 9 S.C. (REPRINT) 73
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
trial court
exhibits f
trial judge
exhibits d
representative capacity
ogudebe agba
ezechima ogbuefi
late c.c. emordi
life time
common ground
exhibits b
federal court of appeal
grounds of appeal
judgment of the high court
members of their families
onitsha native court
order iv rule
said land
4th appellants
behalf of the umuezearoli family of onitsha
close look
contested issues
customary law
eldest son
evidence of the exact site
first king of onitsha
i. c. i.
large parcel of land
leading judgment
main question
member of their families
onitsha high court
plans of the appellants no. mec
plans of the respondents no. mec
property of the plaintiffs
question of facts
second appellants
substantial cross section of the umuezearoli community
such claim

M. BELLO, J.S.C (Delivering the Leading Judgment): The parties in these proceedings have a common ancestral origin. They all descended from Ezechima Ogbuefi, who was said to be the founder and the first king of Onitsha. It is common ground that he had three surviving sons, namely, Ebo, Chimaukwa and Ezearoli. Ebo was the eldest son while Ezearoli was the youngest. The first and second appellants descended from Ebo while the 3rd and 4th appellants descended from Chimaukwa. The respondents had Ezearoli as their ancestor. There was a fourth son, Anwula, who predeceased their father and because of his premature death the descendants of the fourth son are not parties to these proceedings. It is also common ground that during his life time their father, who owned a large parcel of land although there is no evidence of the exact site of his "Iba" (traditional compound) thereon, divided his land into three portions among the three surviving sons and after his death each son took possession an…

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