Ratio DecidendiRatio DecidendiRatio Decidendi



ONYENGE & ORS.
V.
EBERE & ORS.

(2004) JELR 45011 (SC)    

Supreme Court  ·  SC.117/2000 ·  22 Jun 2004 ·  Nigeria
 · 
Other Citations
Onyenge v. Ebere (2004) 13 NWLR (Pt.889) 20 (2004) 18 NSCQR 789
CORAM
SALIHU MODIBBO ALFA BELGORE JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC NIKI TOBI JSC DENNIS ONYEJIFE EDOZIE JSC

Ratio Decidendi

Core Terms Beta
plaintiffs
oath
defendants
senior advocate
evidence
court of appeal
customary court
courts
customary court of appeal
trial court
learned justices of the court of appeal
akpam juju
local government area
abia state
custom of the parties
finding of the trial
issue no.1
issues
year of the oath
exclusive possession of the land
laws of the federation of nigeria
leading judgment
piece of land
said land
view of the fact
abia state customary court of appeal
appeal of the defendants
case of the plaintiffs
chief chris uche
chief priest
customary law of asa
customary law of ukwa people
customary right of occupancy
evidence of dw3
facts of the case
fourth court
further acts of trespass
judgment of the court of appeal
judgment of the trial court
jurisdiction of ukwa customary court
laid claim
learned justices of court of appeal
material point
plaintiffs appeal
redemption of the pledge of the land
respect of the issue of oath-taking
submission of counsel
such proof
terms of their claims
ukwa customary court

TOBI, JSC (Delivering the Leading Judgment): This case has moved through three courts, viz: Ukwa Customary Court, Ukwa Local Government Area; Customary Court of Appeal, Abia State and the Court of Appeal, Port Harcourt Division. This is the fourth court.

The plaintiffs, who are the respondents in this court, claimed against the defendants, who are the appellants in this court: a) a declaration that the plaintiffs are entitled to the customary right of occupancy in and over the piece of land called Egbelu Ulogor; b) N2,000 general damages; and (c) perpetual injunction restraining the defendants, their servants, agents and or privies from committing further acts of trespass on the said land.

The trial court gave judgment to the plaintiffs in terms of their claims, except the relief on trespass where the court awarded N700.00 damages. The Abia State Customary Court of Appeal allowed the appeal of the defendants and dismissed the case of the plaintiffs. The plaintiffs appeal to the Court…

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