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Chief C. A. Benebo Omoni & Ors v. Chief Pennington D. Inoma Biriyah & Ors

(1976) JELR 33996 (SC)

Supreme Court  •  SC.109/75  •  10 Jun 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; AYO GABRIEL IRIKEFE JSC; JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of Allagoa J, in suit PHC/118/72 delivered on 30/4/74 at the High Court of Rivers State sitting at Port Harcourt, in favour of the Plaintiffs, who are the Respondents before us, against the Defendants, the Appellants.

The nature of the claim as set out by the learned trial judge reads:-

"The Plaintiffs who sue for themselves and on behalf of the members of the family of INOMA BIRIYAN claim a declaration that they are entitled according to the Native Law and Custom of KE to the possession, occupation and full user as owners of the land known and called OKURUSO against the Defendants who are members of other families and sued as representing the community of KE.

"5000pounds damages for trespass etc. "An order for perpetual injunction"

The learned trial judge concluded his judgment thus: -

"Having found that the land in dispute is known to the parties and is OKURUSO land which the Plaintiffs cle…

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