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DURUAKU EKE & ORS V. UDEOZOR OKWARANYIA & ORS

(2001) JELR 44268 (SC)

Supreme Court  •  SC.15/1996  •  27 Apr 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

UWAIFO, JSC (Delivering the Leading Judgment): This appeal is from a judgment of the Court of Appeal, Port Harcourt Division delivered on 28 June, 1995. The case originated in the High Court of Imo State holden at Orlu. It is in respect of a land dispute between two families: namely, Umuokwaraku family (as plaintiffs) and Umuduruohome family (as defendants). The plaintiffs call the land Ohia Ibekwe. The defendants however say that two parcels of land are involved which they call Ala Ohia Ibekwe and a portion of Ala Oforo. On 21 October, 1985, the plaintiffs took out a writ of summons to commence this action. The reliefs eventually sought in the statement of claim were for:

"(a) Declaration that the plaintiffs are entitled to the Customary or Statutory Rights of Occupancy to the said Ohia Ibekwe land in dispute shown in plaintiffs' Plan No. DS4305/1M2291/85 filed with this statement of claim and of an annual value of about ₦10 (Ten Naira).

(b) ₦1,000 (one thousand Naira) as general dam…

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