TEMEWEI & ORS
V.
BENBAI & ORS

(2015) JELR 44386 (CA)    

Court of Appeal  ·  CA/B/149/2005 ·  8 Jul 2015 ·  Nigeria
CORAM
JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria HAMMA AKAWU BARKA Justice of The Court of Appeal of Nigeria
Core Terms Beta
plaintiffs
respondents
4th defendants
delta state government
kotoye vs cbn
1st set of defendants
learned counsel
osain land
8th defendants
defendants
lower court
counter affidavit
forcados river
8th defendants of the shore line up
learned trial judge
parcel of land
part of the osain land
1st plaintiff
3rd plaintiff
acquisition of any part of osain land
claim of ownership
escravos river
hinter land
order of interlocutory injunction
order of perpetual injunction
paragraphs affidavit
said osain land
sole issue
1st-4th defendants
2nd defendant respondent
2nd respondent
authority of 1st set of defendants
behalf of ogulagha community
entire members of the ogulagha community
facts of the case
foremost ancestor
high court of justice delta state
hinter land of the osain land
ijaw native law
local government area
local government of delta state of nigeria
metro gas ltd vs eferakeya
pertinent paragraphs of the affidavit
place grant
present day odimodi market 1st
respect of the osain land
result of an application
subject matter of the action
vs mr. benebai

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice Delta State of Nigeria in the Bomadi Judicial Division, holden at Bomadi in Suit NO. HCB/1/2003, HCG/42/2004 between MR. FRANCIS TEMWEI AND 2 OTHERS (For themselves and on behalf of Ogulagha Community in Burutu Local Government Area) V. MR. BENEBAI AND 7 OTHERS delivered on 9th day of December, 2004 wherein the learned trial Judge dismissed the Appellant's application at the Lower Court.

The facts of the case are that the Appellants i.e the Plaintiffs at the Lower Court instituted an action at the High Court of Justice Delta State vide their writ of summons and claimed against the Defendants now Respondents as follows:-

1. Declaration of title under Ijaw Native Law and Custom to all that piece and/or parcel of land situate at and known as Osain Land which said piece or parcel of land is well known to the parties herein and is situate in Burutu Local Governme…

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