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FABIAN ONYEJEKWE & ORS. V. OBIORA ONYEJEKWE & ORS.

(1999) JELR 43521 (SC)

Supreme Court  •  SC.160/91  •  12 Mar 1999  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Nnamdi Ibegbu, Esq For Appellant M. I. Onochie For Respondent

Judgement

U. MOHAMMED, J.S.C. (Delivering the Leading Judgment): The appellants were defendants before the Onitsha High Court. The respondents who were the plaintiffs at the trial court instituted this action and claimed against the appellants for equitable distribution or sharing of 18 plots of family land known as "Owoelebo" which plots of land were allocated to Orowa family by the Umueze Aroli community.

The 18 plots which were granted to Orowa family were part of,the Owelebo land which the Umueze Aroli community won in a land dispute with Isiokwe village. The 1st, 2nd and 3rd respondents, in this appeal, had contributed to the levy imposed on all members of Umueze Aroli families for the Owelebo land litigation. It was after the final litigation which went in favour of Umueze Aroli families that the 18 plots from the disputed land were allocated to the Orowa family.

The appellants were committee members of Orowa family union and were charged with the sharing of the 18 plots allocated to the…

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