(1996) JELR 46150 (SC)    

Supreme Court  ·  SC.254/1993 ·  28 May 1996 ·  Nigeria
Other Citations
Omerede v Eleazu (1996) 6 NWLR (Pt.452)1
Omerede v. Eleazu (1996) 6 NWLR (Pt. 452) 1
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria
Core Terms Beta
james agbara
obuala kindred
ekebedi community
mgbe apunta
learned trial judge
ekebedi oboro
member of ekebedi community
proper plaintiff
leave of court
possession of the said land
subject matter of this suit
traditional evidence
user of the land
appellate court
own distinct land
owner of the said land
ownership of the land
proper order
said community
above suit
application of the present plaintiff
behalf of obunta community
circumstances of this case
conclusion of the subsequent trial
court of the trial james agbara
death of the original plaintiff
deceased james agbara
dominion flour mills ltd.
ekebedi ohoro
ekehedi community of oboro
following authorities
joseph nkpoku omerede
leading judgment
main point
member of the obuala family
obodom kindred
owner of the land
own separate land
parcel of land
people of my community ekebedi
plaintiff claims
plaintiff fail
strength of the above facts

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The question for determination in this appeal lies within a small ambit. Sometime in December 1970, one James Agbara issued out a writ of summons claiming from the Defendants in their individual capacity declaration of title to a piece or parcel of land (hereinafter is referred to as the land in dispute) 100pounds damages for trespass and an injunction. James Agbara sought and obtained leave of court to prosecute the action in a representative capacity that is to say for himself and as representing the Ekehedi Community of Oboro in Umuahia Division. Pleadings were filed and exchanged and subsequently amended. In the court of the trial James Agbara died and on the application of the present plaintiff, Joseph Nkpoku Omerede he was substituted for the deceased James Agbara. The defendants also sought and obtained leave of court to defend the action for themselves and on behalf of Obunta Community.

At the conclusion of the subsequent tri…

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