(2003) JELR 44772 (SC)    

Supreme Court  ·  SC.57/1998 ·  13 Jun 2003 ·  Nigeria
Other Citations
Osolu v. Osolu (2003) 11 NWLR (Pt.832)608 (2003) 6 S.C (Pt.I) 1 (2003) 6 S.C (Pt.I) 1
Osolu v. Osolu (2003) 11 NWLR (Pt. 832) 608
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
obi compound
learned trial judge
court of appeal
trial court
burial ceremony
eldest son
learned counsel
weight of evidence
statement of claim
1st defendant
determination of the appeal
findings of fact
leading judgment
trial de novo
5th defendants
customary law of amichi town
decision of the court of appeal
evidence of dw1
grounds of appeal
5th respondents
accepted evidence
aforesaid high court
close of pleadings evidence
declaration of the court
declaration of this court
draft of the lead judgment
facts of the case
findings of fact of the trial court
findings of facts of the learned trial judge
following issues
function of an appellate court
ground of appeal no.3
ground of the failure of the trial judge
judgment of offiah
late reverend jeremiah osolu
learned justices of the court of appeal
mandatory order of the court
nnewi high court of anambra state
occupation of the said obi
okpala of late rev. jeremiah osolu
see ajibona v
sole issue
specific finding of fact

D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal by the plaintiff against the decision of the Court of Appeal, Enugu Division, whereby on the 20th day of November, 1997, the judgment of Offiah, J. [as he then was] sitting at Nnewi High Court of Anambra State was set aside. The plaintiff's claim before the aforesaid High Court as per paragraph 29 of the statement of claim reads:-

"29. Wherefore (sic) plaintiff claims:

(i) Against the 1st - 5th defendants jointly and severally as follows:-

(a) A declaration that the plaintiff is the eldest son or the "Okpala" of the late Reverend Jeremiah Osolu.

(b) A declaration that as the eldest son or Okpala of late Rev. Jeremiah Osolu the plaintiff is entitled in accordance with the customary law of Amichi town to possess and occupy the Obi compound of late Rev. Jeremiah Osolu.

(c) A perpetual injunction to restrain the defendants, their servants, agents and or privies from disturbing the plaintiff's quiet enjoyment of the…

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