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J. W. AMU V. J.B. ATANE & ANOR

(1974) JELR 46165 (SC)

Supreme Court  •  SC.2/1973  •  31 Oct 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; AYO GABRIEL IRIKEFE JSC; UDO UDOMA JSC;

Appearances
Mr. J.O. Sadoh For Appellant Mr. J.W.A. Ohiwerei For Respondent

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): This appeal raises very limited issues of law. By their writ before the Auchi High Court, the respondents in this appeal claimed as follows against the appellant herein:

"(a) Recovery of possession of a parcel of Land, with buildings thereon, measuring 1109.93 square yards, demarcated with survey Blocks No. OB 229 to OB 232 and situated at Sabongidda Ora within the Ubiaja Judicial Division.

(b) An account of the rents and profits, payable to the plaintiffs, received by the defendant in respect of the said land and buildings.

(c) An injunction restraining the defendant, his agent and/or servants from further letting of the said properties. Annual rent of the said properties assessed at 25."

It is common ground that the parties to the action are all members of the Sabongidda Ora (hereinafter referred to for brevity as Sabo Ora) community in the Ora Clan, formerly Ivbiosakon District, now Owan Division of the Midwestern State; thatโ€ฆ

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