DAGACI OF DERE & ORS. V. DAGACI OF EBWA & ORS.
(2006) JELR 35833 (SC)
Supreme Court
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SC.188/2001
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27 Jan 2006
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Nigeria
Coram
SYLVESTER UMARU ONU JSC
ALOYSIUS IYORGYER KATSINA-ALU JSC
NIKI TOBI JSC
GEORGE ADESOLA OGUNTADE JSC
MAHMUD MOHAMMED JSC
Appearances
O. O. Soyebo [Mrs.] Rotimi Olumeso, Esq.,A. I. Aderagba, Esq. For Appellant
Ibrahim Isiyaku, Esq. For Respondent
Judgement
<p><br></p><p><strong>OGUNTADE, J.S.C. (Delivering the Leading Judgment): </strong>The appellants were the plaintiffs at the Minna High Court of Niger State, where as the representatives of the Dere and Eshi communities, they claimed against the respondents and the representatives of the Ebwa community, for the following reliefs:</p><p> "(a) A court declaration that the Dere community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Dere/her immediate environs and its adjoining waters/fish-ponds known as Epemi-Dere (Egbokongbo)/Emmatsa-Aba and is therefore entitled to customary right of occupancy thereto;</p><p> (b) A court declaration that the Eshi community is at all material times hereto the lawful occupier/possessor of ALL THAT piece or parcel of vast land lying, being and situate at Eshi/her immediate environs and its adjoining waters/fish-ponds known as Emmatsa and Ebora, and is therefore entitled to customary right of occupancy thereto;</p><p> (c) …</p>