OGOEJEOFO
V.
OGOEJEOFO

(2006) JELR 49490 (SC)    

Supreme Court  ·  SC.146/2001 ·  13 Jan 2006 ·  Nigeria
 · 
Other Citations
Ogoejeofo v. Ogoejeofo (2006) 3 NWLR (Pt.966) 205 (2006) 1 S.C (Pt I) 157 (2006) 1 S.C (Pt I) 157
Ogoejeofo v. Ogoejeofo (2006) 3 NWLR (Pt. 966) 205
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
appeal
parties
respondent
suit no.
case
abuse of the process of court
old market road
trial court
abuse of the process of the court
multiplicity of actions
subject matter
consent judgment
case of abuse of the process
no. 25a
onitsha high court
high court
leading judgment
only issue
absence of evidence of multiplicity
late charles akosa ogoejeofo
learned trial judge
support of her preliminary objection
briefs of argument
chief registrar of the high court of justice
close family relations
determination of the case
earlier case
enjoyment of the said property
exclusive right
hearing of the case
judgment of the court
landed property
lower court
members of other branches of ogoejeofo
members of the family of the parties
members of the larger ogoejeofo family
mgbelekeke kola tenancy system of onitsha
nature of a preliminary objection
order of court
original holder of the property
pending suit no.
plaintiffs members
respect of the property no.
see alade v
support of this issue
unchallenged affidavit evidence of the appellant
undated terms of settlement

MOHAMMED, J.S.C. (Delivering the Leading Judgment): The dispute between the parties in this appeal originated from a landed property known or described as No. 25A, Old Market Road, Onitsha. The property was held under the Mgbelekeke Kola tenancy system of Onitsha by the late Charles Akosa Ogoejeofo who died intestate leaving behind his close family relations and his children amongst whom are the appellant and the respondent in this appeal.

By a suit No. 0/635/98 filed at the Onitsha High Court, the members of the larger Ogoejeofo family sought for an order of court for a declaration that the four sub-families of the late Enyi Ugwuagbalu Eweta Ogoejeofo, the original holder of the property in dispute, were entitled to participate in its inheritance together with the parties in this appeal and their sisters who hitherto claimed exclusive right to the property left behind by their father. This case did not proceed to trial because the parties, made up of 9 plaintiffs members of the 4 su…

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