Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



UDE & ORS.
V.
CHIMBO & ORS.

(1998) JELR 45647 (SC)    

Supreme Court  ·  SC.129/1994 ·  2 Oct 1998 ·  Nigeria
 · 
Other Citations
Ude v. Chimbo (1998) 12 NWLR (Pt.577) 169 (1998) 9-10 S.C 97
Ude v. Chimbo (1998) 12 NWLR (Pt. 577) 169
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
land
appellants
plaintiffs
court of appeal
declaration of title
learned trial judge
said land
trial court
root of title
customary law
decision of the court of appeal
parcels of land
present case
chief robert okoro
customary grant
ugboaja family
establishment of a local authority school
farmlands of p.w.7
favour of the plaintiffs title
light of my findings
ownership of the land
possession of the said land
single issue
various families of the plaintiffs
acts of interference
careful review of the entire evidence
customary right of occupancy
exclusive possession of the area
facts of the case
following terms
green planting cassava
leading judgment
lhim community
members of the amawom community
order of perpetual injunction
own behalf
parcel of their ihim primary school premises
request of the late chief johnson ikeogu
respect of declaration of title
said area
said area of land
sum total of the evidence of the appellants
unanimous decision
vast quantity of farm crops of the plaintiffs

IGUH, J.S.C. (Delivering the Leading Judgment): The proceedings leading to this appeal were first initiated in the High Court of Justice of the former Imo State of Nigeria, Umuahia Judicial Division, holden at Umuahia on the 9th day of April, 1986. In that court, the appellants, for themselves and as representing members of the Amawom Community, Oboro. Ikwuano claimed against the defendants, for themselves and as representing members or the lhim community, Ibere Ikwuano as follows:-

1. A declaration that the plaintiffs are entitled to the customary right of occupancy of all those pieces or parcels of land known as and called "Inyinukwu" lying, situate and being in Amawom. Obara, Ikwuano within the Umuahia Judicial Division which land are more particularly delineated and shown in the plaintiffs' survey plan No. VEN/D82/86 therein verged pink and whose annual rental value is about ₦20.00.

2. ₦50,000.00 being special and general damages far trespass on the said land in that on or about …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login