(1976) JELR 38787 (SC)    

Supreme Court  ·  SC.341/1974 ·  9 Apr 1976 ·  Nigeria
Other Citations
Uyovwukerhi v. Afonughe (1976) 4 S.C. 98
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
edjuto creek
fishing fence
learned judge
grounds of appeal
chief magistrate
effuruntor customary court
fish ponds
general damages
minerals ordinance
n. l. r
iniemu fishing fence
laws of the federation of nigeria
minerals act cap
recent times
said fishing fence
areas of fish fences
civil matters
claim of plaintiff
consent of the plaintiff
considered judgment
counsels arguments
days of fishing occupation
declaration of title of ownership
dry season fishing
effect of section
efuruntor customary court
erovie bush of uwherun town
evwreni customary court
exclusive right
facts of the case
fishing purposes
fundamental principles
high court
items of claim of the appellants
last degree
leading judgment
legal basis
literal sense
ownership of all rivers
ownership of fishing rights
ownership of the creek vests
said fence
trial court
value of the fishes
water courses

OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The action in the court below was commenced in the Uwherun/Evwreni Customary Court in 1971. On the 4th day of March 1971, the Chief Magistrate, Ughelli, in exercise of his powers as Supervising Authority, transferred the case to the Olomu/Effuruntor Customary Court holden at Umolo, for hearing and determination. Before that Court, the items of claim of the appellants were (in terms stated in the summons):-

"(a)A declaration of title of ownership over a fishing fence known and called Iniemu Fishing Fence lying and situated in Edjuto Creek in Erovie Bush of Uwherun Town;

(b)An injunction to restrain the Defendants, their agents or servants from a further or continued trespass into the said fishing fence in that sometime in two months ago, the Defendants on their own accord went into Edjuto Creek and there at prepared and constructed "Iniemu" fishing fence for fishing purposes without the permission and the consent of the Plaintiff.

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