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CHIDUVE ONWUBE & ORS V. UDEGBUNBA NDUBA

(1972) JELR 41483 (SC)

Supreme Court  •  SC.686/1966  •  21 Mar 1972  •  Nigeria

Coram
GEORGE B. A. COKER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Appearances
Mr. J. C. Anyaduba For Appellant Mr. Chimezie Ikeazor For Respondent

Judgement

G. B. A. COKER, J.S.C.(Delivering the Leading Judgment): This case easily resolves itself on the facts. The findings of the learned trial judge who saw and heard the witnesses are amply supported by the evidence which he had accepted. Before us on appeal, feeble attempts have been made to disparage those findings, but we are satisfied that these are not sufficient to warrant our interfering with the considered judgment of the learned trial judge. The appellants' case rested substantially on an allocation of the land in dispute to one ancestor of the respondent who had married a daughter of theirs by the name Odene; this story was expressly rejected by the learned trial judge who described it as a "fairy tale" and denounced it in terms not dissimilar to those employed by one of the plaintiff's witness, Emeka Nnaechi.

We are satisfied that this appeal has no substance and it is hereby dismissed. For the avoidance of doubt we enter judgment for the respondent, i.e., the Umueze Family for…

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