OMOREGBE
V.
EDO

(1971) JELR 45978 (SC)    

Supreme Court  ·  SC.142/1969 ·  29 Oct 1971 ·  Nigeria
 · 
Other Citations
(1971) All N.L.R 285
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiff
defendant
evidence
ogieseri ojugo
2nd pw
piece of land
respondent
benin city
elders of the village
learned trial judge
idunmwungha village
witnesses
1st dw
2nd p
declaration of title
present enogie
cross-examination
said land
testimony of the plaintiff
trial judge
appeal court
benin district
brother iserhien
building plot
chief orumwense
court member
eyaen customary court
fatayi-williams
finding of fact
finding of the learned trial judge
following observation
following orders
hearing of the appeal
leading judgment
own knowledge
own views of the facts
plaintiff notice
plot of land
possession of the said house
present case
present odionwere imade omorose
reigning enogie of the village
right hand side of the road
road work
said property
single witness
statement of claim
thatched house

FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): Plaintiff, now appellant, had instituted an action against the defendant, now respondent, in which he claimed declaration of title to a piece of land with a thatched house thereon situate at Idunmwungha village in Benin district, possession of the said house, and an injunction restraining the defendant, his agents and/or servants from trespassing on the said property.

The plaintiff's case as borne out by his statement of claim and the evidence adduced by him in support is as follows. The plaintiff, a road overseer with the Ministry of Works and Transport, was, in January 1941, sent to Ehor to supervise some road work between five and ten miles from Benin City. At first he lived in the road camp. Later he went to live at Idunmwungha village as a tenant of one Ehigiator Asemota. Not long after, Asemota sold the house and the purchaser gave the plaintiff notice to quit. With nowhere to move to, the plaintiff went to the reigning …

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