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OKPOWAGHA & ANOR V. EWHEDOMA

(1970) JELR 33407 (SC)

Supreme Court  •  SC.381/1968  •  1 May 1970  •  Nigeria

Coram
IAN LEWIS JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

UDOMA, J.S.C.(Delivering the Leading Judgment)- In the High Court of the Mid-Western State, Warri, before Obaseki, J. the respondent originally in Suit No. W/14/65 claimed against the appellants:

"Recovery of possession of a portion of Odhimi's family land known as Eteigo situate at Eteigo bush in Olomoro in the Warri Judicial Division which was pledged under customary law by late Ewhedoma Odhimi to late Okpowagha for a loan of 6pounds (six pounds)".

The claim was later amended to read:

"The plaintiff's claim against the defendants jointly and severally is for an order of the court allowing plaintiff to redeem on payment of 6pounds by the plaintiff to the defendants that portion of Odhimi family land known and called Eteigo in Olomoro within the jurisdiction of this court, which the plaintiff's father (Ewhedoma) pledged to the defendants' father (Okpowagha) for a some years ago and for the recovery of possession of the said land under customary law".

In his statement of claim, the pla…

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