(1973) JELR 46148 (SC)    

Supreme Court  ·  SC.698/1966 ·  31 Jan 1973 ·  Nigeria
Other Citations
(1973) All N.L.R 67 (1973) 1 S.C. 92
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
declaration of title
eto afia tree
native court of appeal
appeal court
property of the plaintiffs
statement of claim
2nd plaintiff
chief jackson akpan
common ground
ikot ukap village
piece of land
trial judge
1st p
a. fatayi-williams
base starts
calabar high court
case of the plaintiffs
comments of the learned trial judge
course of the hearing
deputy industrial injuries commission
east of the boundary
ekim land
first hearing
itam native court
judgment of the itam native court
leading judgment
mbak ekoi land
northern side of this triangle
obot unmo akai
old village site of the mbiaraba people
only real point of difference
ownership of the eastern portion
own statement of defence
plea of res judicata
present case
remaining land
respective claims
said land
suit no. c

A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In suit No. C/44/1956 commenced in the Calabar High Court, the plaintiffs, now appellants, claimed against the defendants, now respondents, declaration of title to the piece of land known as "MBIARABA" which consists of the old village site of the Mbiaraba people called "Ndon Mbiaraba" and Mbiaraba farmlands and swamps. The land is bounded on one side by Ekim land, on the second side by the Ikot Ukap Village, on the third side by Ikot Andem Village and on the fourth side by Mbak Ekoi Land. The plaintiffs also claimed damages for trespass and an injunction restraining the defendants, their servants and/or agents from further acts of trespass on the said land.

According to the averments in their Statement of Claim and the traditional and other evidence adduced in support, the land has been the property of the plaintiffs from time immemorial and until February, 1956 it has been cultivated by them from year to year without any d…

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