MERIBE
V.
EGWU

(1976) JELR 46255 (SC)

Supreme Court · SC.48/1975 · 19 Mar 1976 · Nigeria
·

Other Citations

MERIBE v. EGWU (1976) 3 S.C. (REPRINT) 50

CORAM

ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria MAMMAN NASIR Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms ^Beta

plaintiff

evidence

woman

learned trial judge

counsel

chief egwu

custom

defendant

cross-examination

issue

appeal

customary burial ceremonies

evidence of the defendant

findings of the judge

following observations

meribe family

native law

numerical superiority

said nwanyiocha

trial

barren wife

c. o. madarikan

common ground

death of nwanyiakoli

direct evidence

evidence of the plaintiff

father of the defendant

financial position

hearing of the appeal

high court

judgment of aniagolu

leading judgment

married woman

meribe cheghekwu egwu

mr. g.e.n. onyekwuluje

parcel of land

part of the plaintiff

possession of the said land

public morality

relevant portions of the evidence

said properties

specific findings of facts

step-mother

such evidence

support of the plaintiff

system of jurisprudence

view of the errors

virtue of the nature of the said marriage

wives of chief cheghekwu egwu

C. O. MADARIKAN, JSC (Delivering the Leading Judgment): This appeal is from the judgment of Aniagolu, J. in the High Court, Umuahia, in an action (Suit No. HU/36/71) instituted by the respondent, as plaintiff, against the appellant who was the defendant and who was sued in a representative capacity, namely, for himself and as representing the Meribe family. In the action, the plaintiff had claimed declaration of title to a parcel of land called "Uzo Ama Awom", ₦200 damages for trespass and an injunction.

At the trial, it was common ground that Nwanyiakoli, one of the wives of Chief Cheghekwu Egwu, owned the land in dispute. It transpired that Chief Egwu died in 1925 and was survived by many children two of whom were the plaintiff and Meribe Cheghekwu Egwu who was the father of the defendant. Eventually, Nwanyiakoli died in 1937.

The evidence led in support of the plaintiff's case was that because it seemed as if Nwanyiakoli was barren, she handed her niece, Nwanyiocha, over to Chief E…

MERIBE V. EGWU

MERIBE
V.
EGWU