(1980) JELR 46372 (SC)    

Supreme Court  ·  SC.322/1976 ·  25 Jan 1980 ·  Nigeria
Other Citations
WIRI & 13 ORS. v. WUCHE & 5 ORS.(1980) 1-2 S.C. (REPRINT)1
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
representative capacity
aba division
learned trial judge
statement of claim
people of umuagbai
statement of defence
ogoni division
transitional provisions
judicial division
district officer
ground of appeal
high court of east central state
high court rules
particulars of claim
rivers state
22nd day of november
6th december
behalf of the community
behalf of the people of umuagbai
favour of the respondents
high court of eastern nigeria
j. theophilus john
learned judge
members of the said umuagbai
respect of land
aba division make oath
above finding
alleged want of order of the court
basis of the appeal
brief account of the facts
claims of title
creation of the rivers
decree no.20
east central states of nigeria
following notes
high court of the eastern region of nigeria
judgment of ikpeazu
kana clan court tabangh
leading judgment
members of umuagbai community
ownership of the land
patent lack of jurisdiction
provisions of order iv rule
record of the appeal
represented parties
such affidavit
supreme court of nigeria

C. IDIGBE, J.S.C.(Delivering the Leading Judgment): This is an appeal from the judgment of Ikpeazu, J., given on the 22nd day of November, 1971, by which he decided in favour of the respondents on their claims of title to land, damages for trespass and perpetual injunction. The basis of the appeal before us is that the appellants contend that it was not open to the learned trial Judge to entertain the suit there being patent lack of jurisdiction in the High Court of East Central State to sit in judgment over claims in respect of land lying and situate in the Rivers State. It is also contended that the learned Judge erred in law in giving judgment to the respondents for themselves and on behalf of the people of Umuagbai when:

"(a) the plaintiffs (i.e the respondents) were never granted leave to sue in a representative capacity;

(b) the evidence presented on the record in support of an application for an order for leave to sue in a representative capacity (which was never made) was that…

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