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Agada Okoiko & Anor v. Ozo Esedalue & Anor.

(1974) JELR 49157 (SC)

Supreme Court  •  SC.265/1972  •  21 Mar 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

T. O. ELIAS, CJN (Delivering the Leading Judgment): In Suit No. UHC/38/69, Ogbobine, J., gave judgment in favour of the plaintiff against the 2nd and the 3rd defendants in the Ughelli High Court on September, 25, 1970 as per the plaintiff's Statement of Claim which reads as follows:

"1. An Order of Court allowing the plaintiffs to redeem Omokpa land from the defendants on payment of 15.

2. Recovery of possession of the said Omokpa land from the defendants.

3. Injunction restraining the defendants, their agents and/or servants from interfering with plaintiffs' possession of the Omokpa in any form or manner..."

The suit was first brought in the Customary Court, Iyede, in the Isoko Division of the Mid-West wherein the plaintiff claimed the redemption of Omokpa land which had been pledged by his grandfather to the defendants' grandfathers for three pieces of cloths which were equivalent to 15 (₦30) in value in modern currency. Between the filing of the suit and the hearing of the case, th…

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