ODUM & ANOR.
V.
CHINWO & ORS.

(1978) JELR 46357 (SC)    

Supreme Court  ·  SC.305/1976 ·  21 Jul 1978 ·  Nigeria
 · 
Other Citations
ODUM & ANOR. v. CHINWO & 16 ORS. (1978) 6-7 S.C. (REPRINT) 173
CORAM
DARNLEY A.R. ALEXANDER Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
land
plaintiffs
defendants
families
odum family
port harcourt
statement of claim
1st plaintiff
cross examination
exhibit c
inter alia
said land
communal land
farm land
chief gabriel odum
people of ogbunabali
cross-examination
father of abali
ogbunabali village community development union
ogoloma-maruzo
plan no. sl
survey plan no. esp
3rd prosecution witness
area of land
case claim
consent of the whole family
exhibit b.
family builds
findings of the learned trial judge
following cases
following findings
head chief
head of odum
late chief odum maruzor
learned counsel
members of their family
odum maruzo
ogbunabali people of ogbunabali village
own lands
part of the area of ogbunabali
plaintiffs claim declaration of title
refusal of the plaintiffs
relevant paragraphs of the statement of claim
representatives of the odum family of orogbum diobu
right of the plaintiffs
such sub-families
whole area of land
whole area of ogbunabali

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The plaintiffs in this case claim for themselves and for the representatives of the Odum Family of Orogbum Diobu, whilst the defendants were sued for themselves and as representing the Ogbunabali people of Ogbunabali village, Diobu. The institution of proceedings by the plaintiffs was caused by the defendants challenging the right of the plaintiffs to lease land to a private company for development purposes. The defendants contended that the whole area of Ogbunabali is communal land to which both parties have the right of use and occupation as in the case of each portion occupied by each of the 24 families. If at any time any family intends to part with any portion of its holding, the consent of the whole family must be obtained. It was the refusal of the plaintiffs to obtain the consent of the other members of their family that gave rise to this case. The plaintiffs claim declaration of title to the whole area of land occupied…

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