ONU & ORS
V.
AGU & ORS.

(1996) JELR 45904 (SC)    

Supreme Court  ·  SC.112/1992 ·  14 May 1996 ·  Nigeria
 · 
Other Citations
Onu vs. Agu (1996) 5 NWLR (Pt.451) 652
Onu v. Agu (1996) 5 NWLR (Pt. 451) 652
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiffs
court
defendants
trial court
court of appeal
1st set of defendants
statement of claim
2nd set of defendants
nigerian cement company
learned trial judge
statement of defence
8th defendants
plan no. e
joint ownership
plan exhibit
respect of the area
said land
sets of defendants
amended statement of claim
joint owners
nkalaha land
parcel of land
judgment of the high court
native law
order of the trial court
owners of the said land
5th defendants
appellant fell short
blue portion
decision of the court of appeal
entire area
evaluation of the entire evidence
evidence case
following issues
hand call
have nigercem factory
high court
leading judgment
lead judgment of the court of appeal
order no.1 of the high court
order of the high court
payment of the plaintiffs
plaintiffs claim
plan exhibit d
rules of court
sets of respondents
seventh defendant
traditional history shows
village land dispute

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiffs, in paragraph 17 of their Amended Statement of Claim, claimed jointly and severally against the defendants as follows:-

"(a) A declaration that the plaintiffs and defendants are entitled as joint owners or co-owners under their native law and custom to all that piece or parcel of land called "Egu Ojo" and more particularly delineated on Plan No. E/GA1367/73 (12605) filed or tendered in this suit by the plaintiffs and described therein as Ngbo and Nkalaha Land (or farmland) and verged red.

(b) A declaration that the plaintiffs are entitled to share from all the money paid or to be paid by the Nigerian Cement Company Limited for the use and occupation of a portion of the said Egu Ojo land more particularly delineated on Plan No. E/GA1367/73 (12605).

(c) Against the seventh defendant only, an account of all the moneys received from the Nigerian Cement Company Limited for the use and occupation of a portion of the said Egu …

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