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UKARIWO OBASI & ANOR. V. EKE ONWUKA & ORS.

(1987) JELR 42714 (SC)

Supreme Court  •  SC.148/1985  •  9 Jul 1987  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; BOOYAMIN OLADIRAN KAZEEM JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Appearances
Mr. G. A. Graham-Douglas For Appellant Chief J.N. Obonna For Respondent

Judgement

OPUTA, J.S.C. (Delivering the Leading Judgment) This has been a long tedious and protracted case with some rather unfortunate vicissitudes like deaths of Mr. Adighije and Mr. Abua who appeared at one time or the other as counsel in the case. It had its sunny and happier side too. Mr. F.I. Ukattah who settled the pleading has since been elevated to Higher Bench as a High Court Judge in the Imo State Judiciary in 1976 and Mr. Chike Ofodile who appeared at the Appeal Court stage became Attorney-General for the Federation in 1984. These vagaries of fortune contributed in no small measure to the delay in disposing of this case which started by a Writ of Summons issued at Umuahia on the 16th day of August, 1974 thirteen years ago.

In Suit No. HU/49/74 the present Appellants as Plaintiffs sued the present Respondents as Defendants claiming:

"1. Declaration of title to the lots, pieces or parcels of lands known as and called "Abamkpughuru", "Agboizu", "Edo", "Ogboakwu" and "Okaiafo" situate a…

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