Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



UKATTA & ORS.
V.
NDINAEZE & ORS.

(1997) JELR 45462 (SC)    

Supreme Court  ·  SC.151/1993 ·  11 Apr 1997 ·  Nigeria
 · 
Other Citations
Ukatta v. Ndinaeze (1997) 4 NWLR (Pt.499) 251
Ukatta v. Ndinaeze (1997) 4 NWLR (Pt. 499) 251
CORAM
SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU 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 YEKINI OLAYIWOLA ADIO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
defendants
suit no. hor
court
learned trial judge
nkurume families
statement of claim
court of appeal
imo state
1st defendant
trial court
awo-idemili
findings of fact
mgbo ekpe
trial judge
high court rules of eastern nigeria
parcel of land
customary right of occupancy
evidence of dw4
such custom
suit no hor
appellate jurisdiction
judgment of the learned trial judge
plaintiffs claim
preponderance of evidence
principal members of the alugburu
thick virgin forest
brown belong
clear understanding
common ancestor obibi
communal land of the entire obibi people
court of appeal finds
custom of the people of awo-idemili
custom of the people of awo idernili
declaration of the communal entitlement of the obibi community
different colour verges
following comments
following findings
honourable court
leave of the court suit nos
mgbo-ekpe obibi
palm plantation of the plaintiffs
part of the piece
reasonable acts of possession of the land
respect of the cross-action
said land part
s.c
s. m. a. belgore
state of credible evidence
survey plan no.
trite law

E. O. OGWUEGBU, JSC (Delivering the Leading Judgment): The appellants before this court are plaintiffs in Suit No. HOR/15/87. They brought the action against the five defendants claiming in paragraph 26 of their statement of claim as follows:-

"(a) A declaration of the communal entitlement of the Obibi Community to the customary right of occupancy to part of the piece or parcel of land known as and called Mgbo-Ekpe Obibi situate at Obibi, Awo-Idemili, which part is shown in survey plan No. AS.A/IMD 99187 wherein it is verged pink.

(b) ₦100,000 damages for trespass to the palm plantation of the plaintiffs in the said land part of which was destroyed by the defendants.

(c) A perpetual injunction restraining the defendants, their agents, assigns, relations and successors from treating or dealing with the land verged pink in the manner whatsoever inconsistent, with the communal possessory rights of the entire Obibi Awo-Idemili Village or Community, and in particular, erecting or continui…

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