(2002) JELR 44712 (CA)    

Court of Appeal  ·  CA/PH/143/92 ·  22 May 2002 ·  Nigeria
Other Citations
Orunengimo v. Egebe (2003) 2 NWLR (Pt. 803) pg.61
Orunengimo v. Egebe (2003) 2 NWLR (Pt. 803) 61
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
ikoni family
trial court
disputed land
donald egebe
george oruh
learned counsel
brief of argument
credible evidence
findings of the trial court
first issue
kanti inogha
second issue
shell petroleum development company
appeal court
chief gibson pencyl orunengimo
chief olala bighole ebahbofa
chief olali bigold gbalibofa
different father
duty of the trial court
evidence of the defendants
exact opposite of the pleadings
extensive review of the facts
father of the respondents
favour of the defendants
following issues
high court degema
important issue
important matter
leading judgment
learned trial judge
member of egbule family of kanti
member of ikoni family
members of kanti family
plea of kanti
portion of the disputed land
receipt exhibit d5
receipt of the deposit
resolve issues of facts
respect of compensation money
said transaction
simple question
trial judge

OGEBE, J.C.A. (Delivering the Leading Judgment): The appellants sued the respondents in the High Court Degema, for a declaration of title to the disputed land. The appellants filed a statement of claim and the respondents concluded their pleadings with an amended statement of defence.

The appellants' case was that the land in dispute, was owned by Ikoni family to which they belonged. The land was originally owned by the founder of Okoroma village and it was inherited by their ancestors, through Arose up to Pencyl. On the death of Pencyl, they became the present owners of the land. It was also their case that Arose had a half brother, who was of the same mother but different father. He was not a member of Ikoni family. The name of the brother is Kanti Inogha. Kanti had a friend called Donald Egebe, who was the father of the respondents. Through the plea of Kanti, Arose permitted Egebe to settle on the portion of the disputed land on temporary basis only. Shell Petroleum Development Com…

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