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CHIEF OJA OJAH & ORS. V. CHIEF EYO OGBONI & ORS.

(1996) JELR 33415 (SC)

Supreme Court  •  SC.100/1990  •  11 Jun 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

IGUH, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Enugu Division, delivered on the 21st day of April, 1989, dismissing the appellants appeal in a dispute concerning land in Etono II village, Biase Local Government Area, Akamkpa Division of the Cross River State of Nigeria. The said land is more particularly delineated and shown verged pink in survey plan No. EAAC/446/LD dated the 21st July, 1973 tendered as Exhibit 1 by the plaintiffs in the suit.

The respondents, as plaintiffs, for themselves and on behalf of the people of Biase Development Council Area, Akamkpa Division, had in the Calabar Judicial Division of the High Court of Justice, Cross River State, instituted an action against the defendants, who are now the appellants, for themselves and as representing the people of Etono II village, Biakpan, Biase Development Council Area, claiming as follows:-

"1. A declaration that land occupied by Etono II Village more particu…

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