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ORUGBO
V.
UNA

(2002) JELR 44502 (SC)    

Supreme Court  ·  SC.112/98 ·  20 Sep 2002 ·  Nigeria
 · 
Other Citations
ORUGBO V. UNA (2002) 9-10 S.C. 61
Orugbo v. Una (2002) 16 NWLR (Pt. 792) 175
CORAM
MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
respondents
defendants
plaintiffs
fair hearing
court of appeal
trial court
koko district customary court
amended claim
appellate court
customary court of appeal
warri area customary court
customary court
senior advocate
courts
facts of the case
1st plaintiff
audi alteram partem
breaches of the rules of natural justice
breach of fair hearing
inspection exercise
main issue
criminal cases
fair trial
ground of unfair hearing
judgment of the trial court
majority decision
trial de novo
view of the foregoing
accused persons
applicability of the principle of audi alteram partem
benefit of an interpreter
chief debo akande
common law doctrine
conclusion of the evidence
court of appeal show
court proceedings
decision of the koko district customary court
fifth court
following points
issue of denial of cross-examination
leading judgment
order ix of the customary court rules
plaintiff's evidence
plaintiff's land
record shows
rules of evidence
said itsekiri judges
said villages
submission of the learned counsel
use of historical books

N. TOBI, JSC (Delivering the Leading Judgment): This case has passed through four courts: Koko District Customary Court, Warri Area Customary Court, Customary Court of Appeal, Asaba and the Court of Appeal, Benin Division. This is the fifth court.

The plaintiffs, who are now the appellants in this court, in their Amended Claim, sought against the defendants/respondents jointly and severally for (1) a declaration of title of ownership of Olumagada, Uton-Ugboro, Ukpamaje and Abarumeji Villages in Ureju Town, (2) N100.00 general damages for trespass on the Ukpamaje land, and (3) perpetual injunction restraining the defendants, their servants and or agents from further acts of trespass upon the plaintiff's land.

The Koko District Customary Court gave judgment for the appellants. The Warri Area Customary Court, in a majority decision, dismissed the appeal from the Koko District Customary Court. In other words, that court affirmed the decision of the Koko District Customary Court. The Custo…

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