(1976) JELR 49334 (SC)    

Supreme Court  ·  SC.332/1975 ·  10 Dec 1976 ·  Nigeria
Other Citations
PIARO v. TENALO & ANOR. (1976) 12 S.C. (REPRINT) 19
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
communal land
learned trial judge
declaration of title
statement of claim
paramount chief
exhibit f
favour of the plaintiffs
palm trees
plan exhibit f
respect of the land
banigo people
communal land of the bomu people
communal property of the bomu people
evidence of acts of ownership
grounds of appeal
licence of the plaintiffs
respect of the claim
act of trespass
assertions of the 1st plaintiff
basis of the claim
communal property of the people of the piaro family
community farm
conclusion of the hearing
economic trees
exercise of their right of ownership
findings of the learned trial judge
following orders
grant of a declaration of title
great portions of the said land
high court of the rivers state
leading judgment
material witness
members of bomu co-operative society
ownership of the entire kporo land
owners of the land
paramount chief of the people of bomu
parcel of land
portions of the said land
proper determination of the issue
such land
sufficient evidence
sufficient evidence of acts of ownership
support of the above grounds
title owners
whole of kporo land

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): In the High Court of the Rivers State at Port Harcourt, the plaintiffs/respondents claimed by their Writ of Summons and Statement of Claim:

(1)Declaration of title to that piece or parcel of land known as Kporo situate in Bomu Village of Ogoni Division of the Rivers State;

(2)200 (Two Hundred Pounds) damages for trespass; and

(3)A perpetual injunction to restrain the defendant, his agents and all persons claiming or purporting to claim through or under him from interfering with the land except with the leave and licence of the plaintiffs acting through the paramount chief.

Pleadings were ordered and duly delivered.

The principal averments and facts which formed the basis of the claim are contained in paragraphs 4 and 7 of the statement of claim which read as follows:

"(4) The land in dispute is the communal property of the Bomu people including the defendant having acquired it by inheritance from their ancestors who had owne…

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