ONWUNALU & ORS
V.
OSADEME

(1971) JELR 45934 (SC)    

Supreme Court  ·  SC.241/1967 ·  15 Jan 1971 ·  Nigeria
 · 
Other Citations
Onwunali Ndidi & Onwunali v. Osademe (1971) ANLR 15
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
case
parties
plaintiff
court
learned trial judge
onwunalu family
pleadings
suit
writ
defendant
evidence
judgment
order
costs
okoroigabor onwunalu
opportunity
ozegbe ndidi
people of okpokirika
behalf
counsel
land
oliwa onwunalu
sides
benin city
coker
communal land
course of his judgment
declaration of title
doubt
favour of the plaintiff
following passage
form of order
hearing of the case
j.s.c
leading judgment
main point
making of an order of perpetual injunction
merits of the case
obodokea osademe
own amendment
people of umuolu
present defendants
proper order
proposed amendment
representative capacity
representatives of the people of okpokirika
respect
suo motu
terms of his writ

COKER, J.S.C (Delivering the Leading Judgment): The matter for determination in this appeal lies within a small ambit. The respondent. Obodokea Osademe had sued one Okoroigabor Onwunalu for a declaration of title to "land known as Apata with its lake Oge and the ponds therein" and an injunction to restrain the defendant and his agents from entering the land, the lake and the ponds. On his writ the plaintiff expressed himself as suing on behalf of himself and the people of Umuolu and the defendant was expressed to have been sued on behalf of himself and the people of Okpokirika. Pleadings were ordered and filed by both parties and the capacities in which the parties appeared on the writ were confirmed in their pleadings. It appears that sometime after the close of pleadings two persons applied to be joined along with the defendant as representatives of the people of Okpokirika. The court granted their application and it seemed that thereafter the people of Okpokirika were represented a…

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