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(1961) JELR 87079 (SC)

Supreme Court  •  FSC 23/1960  •  23 Feb 1961  •  Nigeria

ADEMOLA, C.J.F., (Presided and read the Judgment of the Court) LIONEL BRETT, EDGAR IGNATIUS GODFREY UNSWORTH, F.J.



This is an appeal from the decision of Brown, J. sitting in the High Court of the Eastern Region at Enugu, discharging an Order Nisi for an order of certiorari to quash the judgment of the District Officer Obudu in his review of a Native Court case in the Utugwang—Ukpe clan court. Civil No. 16/57.

It is important at this stage to state the background which gave rise to this matter. In 1957 the Okorotung people brought an action against the Ukpe people for a boundary to be demarcated between the land of the two and for pillars to be fixed on the land in order to stop further boundary disputes. The Utugwang Ukpe Clan Court heard the case on the 15th April 1957 and on the 7th May, 1957, the court fixed the boundary by a path which parties themselves voluntarily agreed upon. Apparently both sides were satisfied with the judgment as such. The District Officer in charge (Mr. R. G. Anderson), whose duty it was to supervise all Native Courts in the area, apparently viewed the cas…

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