UZOCHUKWU & ORS.
V.
ERI & ORS.

(1997) JELR 45387 (SC)    

Supreme Court  ·  SC.11/1991 ·  11 Jul 1997 ·  Nigeria
 · 
Other Citations
Uzochukwu v Eri (1997) 7 NWLR (Pt.514)
Uzochukwu v. Eri (1997) 7 NWLR (Pt. 514) 535
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 ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
appellants
plaintiffs
court of appeal
exhibit c
learned trial judge
appeal
trial court
western boundary of the land
statement of claim
appellate court
acts of ownership
old udi military road
exhibit
adjacent land
decision of the trial court
findings of the trial court
respect of the land
traditional evidence
11th defendants
decision of the court of appeal
judgment of the court of appeal
owners of the land
proof of title
review of the findings of the trial court
said land
sets of issues
above findings of the trial court
achi native court suit no.
behalf of the people of agbadala village
behalf of the people of elugwu
careful review of the evidence
conclusion of hearing
court of trial
decision of ubaezonu
dismissal of the case
established law
following words
further acts of trespass
leading judgment
learned counsel
nkpokolo village of achi
parcel of land
plan no. ep
present case
rules of this court
s.45 of the evidence act
subsequent trial
various findings

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Enugu Division, which had on the 15th day of November, 1988 dismissed the appeal by the plaintiffs from the decision of Ubaezonu, J., as he then was, sitting at Enugu in the High Court of the former Anambra State of the Federal Republic of Nigeria.

The plaintiffs, for themselves and on behalf of the people of Elugwu/Nkpokolo Village of Achi had instituted an action jointly and severally against the 1st to the 11th defendants, for themselves and on behalf of Nzubeka Oganiru Achi Meeting and the 12th to the 14th defendants, for themselves and on behalf of the people of Agbadala Village in Achi town, claiming as subsequently amended as follows:-

"(i) A declaration that plaintiffs are entitled to the grant of the customary right of occupancy of part of the larger piece and parcel of land known as and called "Ani Agu Nwaeke" situate at Elugwu/Nkpokolo village, Achi in Oji R…

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