ROBERT I. IKWEKI JOHN AWOVEJO JAMES EZEWU (FOR THEMSELVES AND ON BEHALF OF THE ENEGWARE OVWERE AND OSEBAKPOR FAMILIES OF UGHOTON, OKPE CLAN) V. MR. JAMES EBELE AKP ONUNU AFORIGHO (FOR THEMSELVES AND ON BEHALF OF EBELE FAMILY OF OKERE VILLAGE)
(2005) JELR 54147 (SC)
Supreme Court
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SC. 75/1996
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18 Feb 2005
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Nigeria
Coram
AKINTOLA OLUFEMI EJIWUNMI JSC (Presided) NIKI TOBI JSC DAHIRU MUSDAPHER JSC GEORGE ADESOLA OGUNTADE JSC (Read the Lead Judgment) SUNDAY AKINOLA AKINTAN JSC
Appearances
T. J. Okpoko SAN (with him, C. A. Ajuyah and E. Emakpor) - for
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the Appellants . C
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S. A. Omabegho Esq. - for the Respondents .
Judgement
<p><strong> OGUNTADE JSC (Delivering the Lead Judgment): </strong> The appellants were the plaintiffs at the Sapele High Court of the old Mid-Western State of Nigeria where they claimed as the representatives of the Enegware Ovwere and Osebakpor families of Ughoton Okpe clan against the respondents as the representatives of Okere village jointly and severally for the following reliefs:-</p><p>“(a) A declaration that the piece or parcel of land known as Ogbele land lying and situate in Ughoton but more particularly described and edged <em> pink </em> in survey plan No. TJM 1434 made on the 3rd day of April, 1973 by Theophilus John Esq., licensed surveyor and counter-signed by the Surveyor-General, Mid- West State of Nigeria on the 8th day of October, 1973 and filed with this statement of claim is the exclusive and beneficial property of the plaintiff and their <em> Enegware, Ovwere </em> and <em> Osebakpor </em> families of Ughoton town, Okpe clan, Western Urhobo Division.</p><p>N600.00 (six hundred naira) damages for trespass on the said land.</p><p>A…</p>