USIKARO
V.
ITSEKIRI LAND TRUSTEES

(1991) JELR 44624 (SC)    

Supreme Court  ·  SC.84/1988 ·  15 Feb 1991 ·  Nigeria
 · 
Other Citations
Usikaro v. Itsekiri Land Trustees (1991) 2 NWLR (Pt. 172) 150
CORAM
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria PHILIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria
Core Terms Beta
case
court
appeal
learned trial judge
inordinate delay
court of appeal
defendants
high court
8th defendants
inexcusable delay
part of the appellants
10th defendant present
13th defendants
circumstances of this case
parcel of land
sir alfred mcalpine
4th respondents
5th defendant
6th defendants
decision of the learned trial judge
exercise of its discretion
high court of bendel state
provisions of order
set aside
special circumstance
suit no. w
10th day of october
1st defendants
7th day of april
clear indication
close study of the record of proceedings
conclusion of the learned trial judge
decision of the trial court
exact situation of the said piece
given situation
jurisdiction of this honourable court
leading judgment
oral submissions of counsel
proceedings of the 13th october
reasonable cause
record shows
ruling of the court
said plaintiffs
siakpere of counsel
such matters
support of this action
third parties

KAWU, J.S.C. (Delivering the Leading Judgment): The Court heard this appeal on 19th November, 1990. After a careful and close study of the record of proceedings and the briefs filed by counsel, and after listening to the oral submissions of counsel in elaboration of the various issues canvassed in their briefs, the court allowed the appeal and reserved its reasons for doing so to today. I now give my reasons for the judgment.

In the High Court, the plaintiffs' claims, as amended are stated as follows:-

"The plaintiffs for themselves and on behalf of the ISIBOVBE FAMILY of EKUREDE (OKURODE) Urhobo Village of Agbassa, Warri, seek the following reliefs against

1. ALL THE DEFENDANTS is for a declaration of title to all that piece or parcel of land, lying and situate at EKUREDE (OKURODE) Urhobo village of Agbassa, Warri within the jurisdiction of this Honourable Court. The area and exact situation of the said piece or parcel of land is more particularly described and shown verged PINK in…

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