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JOSIAH AGHENHEN V. CHIEF MADUKA WAGHOREGHOR & ORS

(1974) JELR 49155 (SC)

Supreme Court  •  SC.107/1971  •  25 Jan 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DAN IBEKWE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment ): This is an appeal from the judgment of Ogbobine, J., in Suit No. UHC/42/69 delivered in the Ughelli High Court on 29 May, 1970, wherein he found for the plaintiffs as per their writ which was endorsed as follows:

"(1) A declaration that the plaintiffs as the persons adjudged in both Suit No. W72/60: Chief Maduku Waghoreghor and Anor. v. Josiah.

Aghenghen and 11 ors. and Appeal No. S.C. 563/66: Josiah Aghenghen and 10 Ors. v. Chief Maduku Waghoreghor and Anor. to be the owners and/or owners in possession of Avbredja parcel of land verged Pink on Survey Plan No. G.A. 213/61 lying and situate within the jurisdiction of this Honourable Court are entitled to:

(a) all monies due from an payable by the 1st defendants as rent or rental and/or compensation for the 1st defendants' user and/or occupation of, and their operations on and/or in, Avbredia parcel of land aforesaid;

and

(b) all monies and/or sums due from any payable by the 1st d…

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