OLIKO & ANOR
V.
OKONKWO & ORS

(1970) JELR 45924 (SC)    

Supreme Court  ·  SC.254/1967 ·  20 Mar 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 89
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
appeal
learned judge
plaintiffs
defendants
learned chief magistrate
counsel
customary court
grounds of appeal
law
parties
chief magistrate
res judicata
issues
rem judicatam
appellants
asaba grade b
evidence
ground
issue of res judicata
meetings
respondents
judgement
opinion
behalf of the defendants
behalf of the plaintiffs
face of the record of proceedings
grounds
high court
injunction
only ground of appeal
parcels of land
said land
behalf of the family of ogbeamei
behalf of the family of ogbonishe
careful consideration
declaration
due hearing
issue of estoppel
judgement of the learned judge
judicial decision
leading judgment
necessary elements of estoppel
palace of the diokpa
plaintiffs n70 damages
purported settlement of the dispute
respect of the 1st ground of appeal
said issues
tail end of his submissions
western state

UDOMA, J.S.C. (Delivering the Leading Judgment)-In the Asaba Grade B Customary Court Suit No. 275/65, the plaintiffs/appellants, Nwokolo Oliko and Okonkwo Ibonye for themselves and on behalf of the family of Ogbeamei. Umuagu, Asaba (hereinafter to be referred to as the plaintiffs) sued the defendants/respondents, Ofm Okonkwo, Okocha Ogbotobo and Obi Azana Izegbu for themselves and on behalf of the family of Ogbonishe, Umuagu, Asaba (hereinafter to be referred to as the defendants). The claim was for:-

"(i) Declaration of 'title' to pieces and parcels of land known as and called 'Ububangwulor' and 'Ohuiyi'.

(ii) N100 general damages for trespass on ,the said land.

(iii) Injunction to restrain the defendants, their agents and or servants from trespassing further unto the said plaintiffs' land."

After due hearing, the customary court entered judgement for the plaintiffs, granted the declaration of title and the injunction sought and awarded the plaintiffs N70 damages for trespass, with c…

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