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JONAH ABBEY KALIO & ORS V. CHIEF M. D. DANIEL-KALIO

(1975) JELR 33770 (SC)

Supreme Court  •  SC.238/1974  •  14 Feb 1975  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Judgement

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): The present appeal is against the judgment of Holden, CJ., delivered on June 18, 1973 at the High Court, Port Harcourt, in Suit No. PHC/20/1972 in which the plaintiff had claimed as Head of the Chief Kalio House of Okrika a declaration of title to land at Kalio Ama occupied by the defendants, an order of forfeiture of that piece of land, 500Pounds damages for trespass to it, and an injunction to restrain the defendants from continuing the trespass.

The plaintiff's case is that the defendants had taken part of the community land and allocated it to certain members of the family as building plots without his consent when, as he claimed, he is the only person who had the right to allocate land. It was admitted by the defendants that they tried to depose him and had indeed published statements in the newspapers denying that he was still the Chief. The plaintiff averred that such denial of his chieftaincy would in former times have led…

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