NGWO & ORS
V.
MONYE & ORS

(1970) JELR 45920 (SC)    

Supreme Court  ·  SC.235/1967 ·  20 Mar 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 94
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
case
court
defendants
plaintiffs
parties
supreme court
high court
res judicata
present proceedings
exhibit d
learned trial judge
terms of the settlement
asst. j.
exhibit p5
exhibit p7
akwu-ulo
exhibit p2
exhibit p6
federal supreme court
only point
special case
above case
appeal of the plaintiffs
benin city
case no.
common ground
context of the present case
course of his judgement
exclusive possession of certain lands
exhibit p3 set
honourable court
issue of title looms
leading judgment
learned counsel
long period
mr justice graham paul
mr pykenott
nature of the claim
order of mr justice graham paul
period of litigation
plaintiff-defendant
possessory rights of the plaintiffs
provicial court
question of the settlement
representatives of both parties
result of a number of cases
stage of this judgement
subsequent proceeding raise
support of the plea of res judicata
terms of a settlement

COKER, J.S.C. (Delivering the Leading Judgment)- The appellants in this case are the defendants in the High Court, Asaba (Suit No. A/4/65) and were sued as representatives of the Ogbeilo family of Asaba. The respondents, who were the plaintiffs in the court below are representatives of the Idumugbe family of Asaba and had sued as such. In the action the plaintiffs had asked for a declaration that in accordance with there terms of a settlement between them in 1936 the plaintiffs are entitled to exclusive possession of certain lands known and called "Akwu-Ulo" and delineted and verged "pink" on a plan No. GA225/57 without the payment of any tribute to the defendants. The plaintiffs also claim an injunction to restrain the defendants from interfering with the possessory rights of the plaintiffs in accordance with the terms of the settlement. The nature of the claim, the one for a declaration of possessory rights, at once suggests that the issue of title looms in the background and in the…

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