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OJAH & ORS
V.
OGBOIN & ORS.

(1976) JELR 48809 (SC)

Supreme Court 15 Apr 1976 Nigeria
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- Plaintiffs sought a declaration as lessors of part of Biakpan Rubber Estate and payment of their share of rent paid by the 7th defendant, alongside other consequential reliefs. - During trial, plaintiffs applied for leave to sue in a repr

Case Details

Suit Number:SC.322/75
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Counsel:O.A. Esin for Appellant. For Appellant O.I. Orok for Respondent.O.I. Orok (O.E.H. Ekienyong:-Effa with him) for 7th respondent. For Respondent
Other Citations:(1976) All N.L.R 277 Ojah v. Ogboyin (1976) 4 S.C. 87

C. O. MADARIKAN, J.S.C.(Delivering the Leading Judgment): In Suit No. C/84/73, the plaintiffs took out a Writ of Summons endorsed as follows:

"Plaintiffs' claims against the defendants, jointly and severally, are as follows:

(1) A declaration that the plaintiffs are lessors of about three-fifths of the Biakpan Rubber Estate land held on lease by the 7th defendant.

(2) An order directing the defendants to pay over to the plaintiffs the sum of N930.90 being three-fifths of the amount of N1,551.50 paid by the 7th defendant as rent for the aforesaid rubber estate for the year 1972; to the 6th defendant to pay over to the plaintiffs' community and the 1st, 2nd, 3rd, 4th and 5th defendants which amount was actually collected by the 4th defendant, who refused or neglected despite repeated demands to pay over to the plaintiffs the latter's own aforesaid share of N930.90, or anything".

The parties duly filed their respective pleadings and the case eventually proceeded to trial before Ecoma, J.…

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