(1977) JELR 46326 (SC)    

Supreme Court  ·  SC.164/1976 ·  13 May 1977 ·  Nigeria
Other Citations
NKANU & ORS. v. ONUN & ORS. (1977) 5 S.C. (REPRINT) 12
UDO UDOMA Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
suit no. c
cockburn boundary
parcels of land
high court
executive boundary
issue of res judicata
ogoja provincial court
people of assiga
statement of claim
people of igbo imabana
major cockburn
said pieces
subject matter
administrative officers
final order
first part of their claim
case of the plaintiffs
chief samuel akpan nkanu
judgment of the learned trial judge
large expanse of land
portions of the land
said piece of land
whole of the larger expanse of land
consent of the plaintiffs
decaration of title
declaration of title of ownership
district commissioner
enter judgment
high court of the cross river state
intervention of district commissioner major cockburn
judgment of the high court
jurisdiction of this court
leading judgment
licence of the plaintiffs
light of the evidence
north-west of leva stream
orders of the high court
parcels of plaintiffs
people ekuri
permanent boundary
plan no. tjse
present suits
respect of their claim
result of tribal war
special pleas of res judicata

SIR UDO UDOMA, J.S.C. (Delivering the Leading Judgment):This is an appeal from the High Court of the Cross River State, Calabar Judicial Division, Holden at Calabar. It is against the judgment of the High Court dated 4th March, 1975 given in a consolidated action.

In Suit No. C/10/1972, Chief Samuel Akpan Nkanu and Chief Ennang Edogi for themselves and as representing the people of Igbo Imabana claimed against Chief Robert Onun for himself and as representing the people of Assiga (Ayiga) and Chief Uket Okoi for himself and as representing the people Ekuri, the following:-

"1. A decaration of title to all the several pieces or parcels of land known as and called "Likpanko", "Kepotodo", "Ekpolo-Ito", "kekpakola", "Ito-Emego", "Kokobili", "Leveba", "Alolibo", "Igoli", "Alolibo", and "Edeligbo" respectively situate at Igbo Imabana in Obubra Division of the South Eastern State of Nigeria which is within the Calabar Judicial Division."

"2. 300 Pounds general damages for trespass in that som…

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