(1985) JELR 46505 (SC)    

Supreme Court  ·  SC.225/1984 ·  12 Jul 1985 ·  Nigeria
Other Citations
Ozungwe v. Gbishe (1985) NWLR (Pt.8)528
Dzungwe v Gbishe (1985) 2 NWLR (Pt. 8) 528
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Core Terms Beta
certificate of occupancy
high court
area court
respect of the land
1st defendant
parcel of land
learned trial judge
plea of res judicata
benue state
decision of the court of appeal
exhibits c
exhs c
see exh
statement of claim
2nd defendant
favour of the respondent
given matter
ownership of the land
plaintiffs claim
previous proceedings
said land
special circumstances
such matters
1st appellant
approval of a grant of a right
area court vandeikya
b. o. kazeem
c. a. oputa
certificate of occupancy exhibit b
commissioner of taxation
exhibit d
existence of the certificate of occupancy exhibit
following reasons
grade ii area court
high court case
high court of justice
issue of law
judgment of the high court
land tenure law of benue state
leading judgment
legal proceedings
new suit no. cv
right of occupancy no. bn
subject matter of litigation
taxation commissioner
whole action

B. O. KAZEEM, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Kaduna delivered on 21st April, 1983 which reversed the judgment of the High Court, Makurdi of 18th November, 1980. At the High Court, the plaintiff, one Peter Par Dzungwe was granted perpetual injunction against the two defendants, (Ornam Gbishe and Igudu Gavar), their servants and or agents restraining them from further trespassing on his land situate in Ute Clan in the Vandeikya Local Government Council Area of Makurdi in Benue State.

Because of the issue of law raised in this appeal, it is important to give the background antecedent to the whole action. Prior to this High Court Case, the plaintiff originally instituted an action on the 6th of May, 1976 against the 1st defendant at the Grade II Area Court in Tse-mker claiming his own portion of his father's farmland; but that action was withdrawn to enable the 2nd defendant to be joined as a party to the suit. How…

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