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AGUDORO EKPE AND OTHERS (For themselves and on behalf of other members of Umuanyanwu Family of Umudim Okporo) V. BEN OKE AND OTHERS (For themselves and on behalf of other members of Umumeaku Family of Umudim Okporo)

(2001) JELR 57418 (SC)

Supreme Court  •  SC.35/1996 .  •  11 May 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Presided) IDRIS LEGBO KUTIGI, JSC (Read the Lead Judgment) UTHMAN MOHAMMED, JSC OKAY ACHIKE, JSC EMMANUEL OLAYINKA AYOOLA, JSC

Judgement

KUTIGI, JSC (Delivering the Lead Judgment): In the High Court holdenat Orlu, the plaintiffs claimed against the defendants in the manner following:-

“(a) Declaration that the plaintiffs are entitled to the customary rights of Ala Akabo Ukwuekwuru, Uzo Ulo and Ala Akabo lands situate at Umudim Okporo within jurisdiction and eachbeing of the annual value of N10.00 (Ten Naira).

(b) Possession of the said Ala Akabo Ukwuekwuru, Uzo Ulo and Ala Uhu Abo lands.

(c) Injunction restraining the defendants, their servants, agents and privies from interfering with the rights of the plaintiffs over the said parcels of land or in any manner selling parcel of the said lands to any body.” Pleadings were ordered, filed and exchanged. The action then proceeded to trial. Evidence was led on both sides. The plaintiffs called six witnesses while eleven witnesses testified on behalf of the defendants. Briefly stated, plaintiffs’ case is that the defendants’ ancestors migrated from Umuebu Umutanz…

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