(1984) JELR 46452 (SC)    

Supreme Court  ·  SC.65/1982 ·  1 Jun 1984 ·  Nigeria
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Core Terms Beta
superior courts of record
learned trial judge
piece of land
course of the trial
court of appeal
declaration of title
instance of the plaintiffs
leading judgment
high court
x x x
grounds of fact
instance of the defendants
chief okoye
federal court of appeal
trial de novo
various acts of ownership
umuleri people
justice of the court of appeal
otuocha land
evidence of the parties
following terms
area of land
said plan
portions of this land
exhibit d
exclusive ownership
order of the court
finding of the learned trial judge
action suit no.
grant of the ofiamwagbogho beach
contrary view
privy council
conclusion of the inspection
building houses
amended statement of claim
principle of law
better position
whole evidence
aguleri people
main issue
acts of ownership

OBASEKI J.S.C. (Delivering the Leading Judgment): The parties to this appeal have been locked in litigation over a piece of land called Otuocha for a period of over 50 years. Since 1933, four actions have been instituted in the superior courts of record in this country. The first was in 1933, the second in 1935, the third in 1950 and this action now on appeal in 1975. The 1933, 1935 and 1950 actions were instituted by the Umuleri people (the appellants herein), while this action was instituted by the Aguleri people (the respondents herein),

The main issue or question for determination in this appeal is whether the ownership to the land in dispute i.e. Otuocha land has been established as required by law to entitle them, i.e. the Aguleri people to the declaration of title granted them by the Court of Appeal, the High Court having held a contrary view.

The genesis of this matter briefly, is as follows:

On the 12th day of June, 1975, the respondents instituted an action suit No. 0/98/…

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