OKPALA
V.
OKPU

(2003) JELR 57793 (SC)    

Supreme Court  ·  SC.121/1997 ·  31 Jan 2003 ·  Nigeria
 · 
Other Citations
Okpala v. Okpu (2003) 5 NWLR (Pt. 812) 183
CORAM
MUHAMMADU LAWAL UWAIS, JSC (Presided) MICHAEL EKUNDAYO OGUNDARE, JSC SYLVESTER UMARU ONU, JSC ALOYSIUS IYORGYER KATSINA-ALU, JSC NIKI TOBI, JSC (Read the Lead Judgment)
Core Terms Beta
defendants
appellants
counsel
court
learned trial judge
statement of defence
amended statement of claim
customary tenants
substantial justice
circumstances of the case
customary tenants of the respondents
learned trial judge ought
parcel of land
such procedure
supreme court judgment
adamo akinwunmi
asani taiwo
decision of the trial judge
declaration of title
following issues
following reliefs
judgment of the learned trial judge
learned court
ordering forfeiture
possession of the said land
said land
special circumstances of the case
suit no. sc
various acts of trespass
appropriate paragraph
automatic forfeiture of the customary tenancy
claims of the plaintiffs
condition of a grant
decision of the trial court
following issue
forfeiture of the appellants
fulcrum of the case
given situation
high court
judgment of the court
judgment of the high court
lead judgment
misbehaviour of grave nature
order of injunction
order of the court
plaintiffs claim
possession of other tenants
representatives of the nsukwa people
value of annual tributes

TOBI, JSC (Delivering the Lead Judgment): In suit No. SC.106/1996, this court delivered a judgment on 24th October, 1969 in a similar matter. Although the parties are different, the claim was based on virtually the same portion or parcel of land. The plaintiffs in that appeal claimed the following reliefs: “(1) The plaintiffs claim as against the defendants is for a declaration of title to and possession of the piece and parcel of land situate in Nsukwa bush in the Asaba division and known as Nsukwa land which said land will be more particularly delineated in the plan to be filed by the plaintiffs. Plaintiffs also claim the sum of £300 from the defendants being the value of annual tributes due from the defendants to plaintiffs for 5 years.

Plaintiffs seek an order of injunction restraining the defendants , their servants and agents from farming on or in any other way interfering with the said land without the consent of the plaintiffs.” The High Court, Asaba dismissed the claims of t…

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