(2012) JELR 49276 (SC)    

Supreme Court  ·  SC.52/2006 ·  14 Dec 2012 ·  Nigeria
IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI 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
Core Terms Beta
trial court
court of appeal
lower court
traditional history
lead judgment
ors v
root of title
disputed land
probative value
circumstances of this case
evaluation of the evidence
inconsistent traditional evidence
senior counsel
single issue
case of akunyili v
credibility of the traditional history
judgment of the court of appeal
leading judgment
learned trial judge
lone issue
mr. offiong san
significant issues
traditional evidence of ownership
trial of the case
akwa ibom high court uyo
court of trial fails
decision of the learned trial chief judge
facts of ownership
final order
further acts of trespass
learned trial chief judge
legal position
printed record of appeal
said land
sets of traditional evidence
supreme court
various versions of the traditional history

KUMAI BAYANG AKA'AHS, J.S.C (Delivering the Leading Judgment): This appeal arose from the judgment of the Court of Appeal, Calabar Division which reversed the decision of Nkop CJ sitting at Akwa Ibom High Court Uyo and ordered a re-trial on the ground of the non-evaluation of the evidence led by the respondents on their pleaded facts of ownership and possession. The plaintiffs/respondents had sued the appellants in a representative capacity in suit No.HU/4/85 seeking a declaration that they are entitled to the Customary/Statutory Right of Occupancy over the disputed land called 'Esuk Inwang Okon Eyo'; N1,000,000.00 (One Million Naira) being general damages for trespass and a perpetual injunction restraining the defendants, their agents and assigns from ever committing further acts of trespass over the said land,

The claim was denied. Pleadings were filed and exchanged and the parties called witnesses. The learned trial Chief Judge of Akwa Ibom State before dismissing the plaintiffs' c…

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