(2001) JELR 44329 (SC)    

Supreme Court  ·  SC.132/1997 ·  6 Apr 2001 ·  Nigeria
Other Citations
Obulor v. Oboro (2001) 8 NWLR (Pt.714) 25 (2001) 4 S.C (Pt.1) 77
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria
Core Terms Beta
abandoned property
deed of conveyance
exhibit c
trial court
learned justices of court of appeal
2nd appellant
brother belgore
charles ehirim
court of appeal
grounds of appeal
trial judge
leading judgment
said property
statutory right of occupancy
1st appellant
appeal court
appeal fails
basis of trial court
case of plaintiff
civil case
claim of the plaintiff
curious judgment
duty of an appellate court
exceptional circumstances
exhibit j
facts of a case
great respect
high court of rivers state
judgment of a court
judgment of trial court
justice of the matter
learned justices
lower court
merit of the appeal
metal construction
original owners
present appellants
privilege of a preview of the judgment
property authority
real issues
rivers state housing authority
said paragraphs
said plaintiff
unreliable nature of exhibit c

BELGORE, J.S.C. (Delivering the Leading Judgment): The respondent, Linus Weso Oboro, instituted the suit leading to this matter as plaintiff in the High Court of Rivers State holden at Port Harcourt. He claimed to be legally in possession and entitled to Statutory right of occupancy over the property known and called 18th Alozie Street, Diobu, Port Harcourt. He also prayed for injunction restraining Helen Obulor (1st appellant/defendant) her servants, agents and privies from acts of trespass on the said property if the declaration he claimed as the person entitled to statutory right of occupancy over the land was granted. He claimed also arrears of rent which he estimated at N15,000.00; N3,000.00 general damages for trespass; and finally another N2,000.00 collected by Madam Obulor. This brings the sums claimed to N20,000.00.

Both the present appellants and respondent asserted claim to the house at 18, Alozie Street. The plaintiff/respondent claimed he acquired the property from the or…

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