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SULE ANYEGWU & ANOR V. AIDOKO ONUCHE

(2009) JELR 47301 (SC)

Supreme Court  •  SC.123/2002  •  23 Jan 2009  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; IKECHI FRANCIS OGBUAGU JSC; IBRAHIM TANKO MUHAMMAD JSC; PIUS OLAYIWOLA ADEREMI JSC;

Judgement

I. T. MUHAMMAD, J.S.C (Delivering the Leading Judgment): This case originated from the Upper Area Court, Idah, in Kogi State (trial court). The plaintiffs cause of action before the trial court reads as follows:

"seeking court assistance to restrain the defendant for (sic) further collecting (sic) of my stool land tributes called ogbajele."

When the cause of action was read and explained through the assistance of an interpreter, to the two defendants, each denied liability. That was on the 5th day of June, 1996. This exercise was repeated on the 11th day of July, 1996 as there was a reconstitution of the panel members of that court. Each of the defendants maintained that he was not liable. Trial commenced on the 12th of November, 1996 with the plaintiff and three witnesses testifying. The 1st and 2nd defendants testified. Two other witnesses were called by the defendants. There was a visit to the locus in quo by the court, the parties and their witnesses. That was on 5/9/97. Thereafte…

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