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ALHAJI A. ALFA ADEHI V. ATULUKU ATEGA & ORS

(1995) JELR 43415 (SC)

Supreme Court  •  SC.64/1989  •  13 Jun 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Appellant absent and unrepresented For Appellant Chief B.C. Oyibo -.for the Respondent For Respondent

Judgement

UWAIS, J.S.C. (Delivering the Leading Judgment): The history of this case began in 1982 with an action brought by the appellant herein in Area Court No.1, at Ugwolawo, in the former Benue State, jointly against all the respondents herein, claiming a farmland and the economic trees thereon. The action failed and it was dismissed by the Area Court. There was an appeal against the decision, by the appellant herein, to the High Court of former Benue State, sitting at Idah (Anyebe and Anuga, JJ,), which was dismissed on the 19th day of May, 1983. About a year later, that is on or about the 19th day of July 1984, all the respondents herein jointly took out an originating summons in the said High Court against the appellant herein, in which they claimed as follows -

"(1) A declaration that the plaintiffs by judgment of the Divisional Area Court I Ugwolawo, dated 25th day of October, 1982, in case No. CV.114/82, are not within the limits of the defendants' land area situate at Okele, in Benue…

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