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UKAEGBU & ORS.
V.
UGOJI & ORS.

(1991) JELR 45332 (SC)    

Supreme Court  ·  SC.226/1988 ·  18 Jul 1991 ·  Nigeria
 · 
Other Citations
Ukaegbu v. Ugoji (1991) 6 NWLR (Pt.196)127 (1991) 7 SCNJ 244 (1991) 7 S.C (Pt II) 82
Ukaegbu v. Ugoji (1991) 6 NWLR (Pt. 196) 127
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria BOLARINWA OYEGOKE BABALAKIN Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiffs
statement of claim
court of appeal
res judicata
appellants
4th defendants
appeal
plea of res judicata
issues
suit no.
grounds of appeal
previous judgment
main appeal
trial court
exhibit c
judgment of the mbanasa native court
declaration of title
supreme court
parcel of land
question of the plaintiffs-respondents
claims
cross appeal
defendant
doctrine of res judicata
judgment of the court of appeal
submissions of counsel
trial judge
favour of such plaintiff
following illuminating passage
judgment of the learned trial judge
plea of estoppel
possession of the plaintiffs
said land
suit no. hor
3rd day of october
ala odinode ngwo
appeal of the said defendants
considered judgment
cross-appeal of the plaintiffs-appellants
cross appellants brief
findings of fact of the learned trial judge
following briefs of arguments
high court of justice
judgment of the high court of orlu
judgment of the mbanassa native court
leading judgment
portion of land
respect of cross appeal
respondents claims
view of the concurrent findings of fact

B. O. BABALAKIN, J.S.C. (Delivering the Leading Judgment): This is an appeal by the Defendant/Appellants against the Judgment of the Court of Appeal, Enugu Division delivered on 11th July. 1988 which dismissed the appeal of the said Defendants/Appellants against the Judgment of the High Court of Orlu delivered in Suit No. HOR/83/74 on 29th June, 1981.

The facts that led to this appeal are as follows:

The action in this case was instituted by a writ of summons issued in the High Court of the Okigwe Judicial Divsion of the former East Central State of Nigeria. On the creation of the Imo State of Nigeria the case was transferred to the High Court of Justice, Orlu for hearing and determination. The claims by the Plaintiffs/Respondents are as follows:-

"1. Declaration of title to all that piece or parcel of land lying being and situate at Isieke village Akpulu within Jurisdiction which is in possession of the plaintiffs and more particularly delivered in a plan to be filed, annual value o…

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