(1997) JELR 45464 (SC)    

Supreme Court  ·  SC.153/1991 ·  31 Jan 1997 ·  Nigeria
Other Citations
Nyambi v. Osadim (1997) 2 NWLR (Pt.485)1
Nyambi v. Osadim (1997) 2 NWLR (Pt. 485) 1
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
district court
brother ogundare
exhibit b
grounds of appeal
high court
learned justices of appeal
plan of the land
survey plan of the land
akparabong district court
close of the case
edward edim oba
further appeal
right hand side
survey plan
additional grounds of appeal
authenticity of exhibit
behalf of iyami olumi
behalf of the people of omon-olumi
case no.
certification of its records
cross river state
customary courts edict
egurede farm road
ekum stream
following order
following passage
high court ikom
high court of cross river state
judgment of the trial district court
leading judgment
learned justices of the court of appeal
m. e. ogundare
messrs r.o. b osadim
mpama ekpong of olumi
obasse onong farm plantation
order of the court
particulars of claim
plaintiffs claim
raise questions
s. u. onu
true copies of particulars of the claim
unsuccessful attempts

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This case has a chequered history. The proceedings commenced in 1961 in the Ikom/Olulumo/Akparabong District Court where Mpama Ekpong of Olumi, for and on behalf of Iyami Olumi sued S.O. Nyambi and 9 others, all of Omon-Olumi for and on behalf of the people of Omon-Olumi, claiming:-

"The plaintiffs claim is for entering and farming on plaintiff' land thereby plaintiffs wishing you to quit."

Both parties led evidence but at the close of the case for the defendants the court ordered the plaintiff to file a survey plan of the land in dispute within 60 days. This was on 3rd May 1961. On 26th day of July 1961 time was extended. It would appear that the parties reached an accord and nothing was done anymore to prosecute the action to judgment. The plaintiff did not file a survey plan as ordered and the defendants did not move the court to strike out the action. The action, however, remained on the cause list.

Meanwhile the original …

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