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OMONI & ORS
V.
BIRIYAH & ORS

(1976) JELR 33996 (SC)

Supreme Court 10 Jun 1976 Nigeria
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Case Details

Suit Number:SC.109/75
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria Justice of The Supreme Court of Nigeria
Counsel:Mr. R. O. A. Akinjide For Appellant Mr. H. J. Whyte For Respondent
Other Citations:Benebo v. Biriyah (1976) 6 S.C. 34 (1976) 6 S.C 34

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Allagoa J, in suit PHC/118/72 delivered on 30/4/74 at the High Court of Rivers State sitting at Port Harcourt, in favour of the Plaintiffs, who are the Respondents before us, against the Defendants, the Appellants.

The nature of the claim as set out by the learned trial judge reads:-

"The Plaintiffs who sue for themselves and on behalf of the members of the family of INOMA BIRIYAN claim a declaration that they are entitled according to the Native Law and Custom of KE to the possession, occupation and full user as owners of the land known and called OKURUSO against the Defendants who are members of other families and sued as representing the community of KE.

"5000pounds damages for trespass etc. "An order for perpetual injunction"

The learned trial judge concluded his judgment thus: -

"Having found that the land in dispute is known to the parties and is OKURUSO land which the Plaintiffs cle…

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