(1976) JELR 46290 (SC)    

Supreme Court  ·  SC.405/1975 ·  8 Oct 1976 ·  Nigeria
Other Citations
ORIE & ANOR v. UBA & ANOR.(1976) 9-10 S.C. (REPRINT) 77
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
okpan uba
1st plaintiff
nna okpan uba
representative capacity
statement of defence
2nd defendant
farming season
half brother
learned counsel
ngele-aturu lands
nkporo native law
quaker bob-manuel
whole of the present case
1st defendants
2nd appellant
amendment of the said pleadings
common ground
declaration of right
eastern nigeria high court rules
father side
first arm of the claim
first person
following grounds
following terms
further answer
half share of farm strips
interests of other members of the matrilineal family
leading judgment
lineal descendants of nna okpan uba
members of the said nde ngbocha family
name of the family
nde ngbocha family
overwhelming evidence
parcels of land
particular land
partrilineal descendants of nna okpan uba
personal capacity
relative share of each side of the farm
smaller area
suo motu
total rental value of these lands

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The appellants were defendants, in the court below - the High Court of the former East Central State holden at Umuahia, to a claim instituted by the respondents for:

"(a) A declaration that the plaintiffs as the lineal descendants of Nna Okpan Uba, who was the first person to bring into his possession and ownership Ekike, Ugwu-Otugba and Ngele-Aturu lands are by Nkporo Native Law and Custom entitled to half share of farm strips in any year these pieces or parcels of land are farmed.

(b) 40 (forty pounds) being half the total rental value of these lands farmed this year (1971) by the defendants who excluded and denied the plaintiffs their right".

The 2nd appellant was on his own motion joined as 2nd defendant.

The action came up for hearing before Aniagolu, J. (as he then was), who after hearing evidence adduced by the 1st plaintiff and his witness and hearing the defendants electing to rest their case on the evidence so addu…

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