CHIEF OJAH OJAH & ORS V. CHIEF EYO OGBOIN & ORS.
(1976) JELR 48809 (SC)
Supreme Court
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SC.322/75
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15 Apr 1976
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Nigeria
Coram
GEORGE SODEINDE SOWEMIMO JSC;
AYO GABRIEL IRIKEFE JSC;
CHARLES OLUSOJI MADARIKAN JSC;
Appearances
O.A. Esin for Appellant. For Appellant
O.I. Orok for Respondent.O.I. Orok (O.E.H. Ekienyong:-Effa with him) for 7th respondent. For Respondent
Judgement
<p>C. O. MADARIKAN, J.S.C.(Delivering the Leading Judgment): In Suit No. C/84/73, the plaintiffs took out a Writ of Summons endorsed as follows:</p><p> "Plaintiffs' claims against the defendants, jointly and severally, are as follows:</p><p> (1) A declaration that the plaintiffs are lessors of about three-fifths of the Biakpan Rubber Estate land held on lease by the 7th defendant.</p><p> (2) An order directing the defendants to pay over to the plaintiffs the sum of N930.90 being three-fifths of the amount of N1,551.50 paid by the 7th defendant as rent for the aforesaid rubber estate for the year 1972; to the 6th defendant to pay over to the plaintiffs' community and the 1st, 2nd, 3rd, 4th and 5th defendants which amount was actually collected by the 4th defendant, who refused or neglected despite repeated demands to pay over to the plaintiffs the latter's own aforesaid share of N930.90, or anything".</p><p> The parties duly filed their respective pleadings and the case eventually proceeded to trial before Ecoma, J.…</p>