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CHIEF KALU IGWE CHIEF OKORO EZE CHIEF UKA ANYA UWOM (FOR THEMSELVES AND AS REPRESENTING THE PEOPLE OF ETITIAMA NKPORO) V. CHIEF OKUWA KALU CHIEF UKIGWE UKOHA AGBAYIM NKOLE (FOR THEMSELVES AND REPRESENTING THE PEOPLE OF AMAEKE ABIRIBA)

(2002) JELR 55326 (SC)

Supreme Court  •  SC.26/96  •  15 Feb 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI, JSC (Presided) IDRIS LEGBO KUTIGI, JSC (Dissented) EMANUEL OBIOMA OGWUEGBU, JSC UTHMAN MOHAMMED, JSC (Read the Lead Judgment) UMARU ATU KALGO, JSC (Dissented)

Judgement
<p><strong> MOHAMMED, JSC: (Delivering the lead : ): </strong> In this appeal the appellants are contesting the concurrent findings of fact of both the High Court and the Court of Appeal. It is settled law that such concurrent findings should not be disturbed unless if there is some miscarriage of justice and violation of some principle of law or procedure.</p><p>The plaintiffs, who are appellants, in this case in Suit No. HU/24/74 at High Court, Abia State sued the defendants/respondents declaration of title to seven adjoining parcels of land, damages for trespass and injunction, The defendants/respondents also in Suit No. HU/43/74 sued the plaintiffs/ appellants claiming declaration of title to two adjoining parcels of land, damages for trespass and injunction. Both Suits were by the consent of the parties consolidated.</p><p>Pleadings were called, and exchanged by the parties. The appellants’ traditional history was that their ancestors were the first settlers on the land in dispute. Miss Lewis, learned couns…</p>

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