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CHIEF GIBSON PENCYL ORUNENGIMO MR. JEREMIAH PENCYL NYENGE (FOR THEMSELVES AND AS REPRESENTING THE IKONI FAMILY OF AKAKUMAMA OKOROMA IN NEMBE, BRASS) V. MADAM MARGARET EGEBE FAUSTINA EGEBE MR. KITCHENER IKOLI EGEBE (FOR THEMSELVES AND AS REPRESENTING DONALD EGEBE FAMILY OF NEMBE IN BRASS)

(2007) JELR 53075 (SC)

Supreme Court  •  SC. 254/2002  •  13 Jul 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) GEORGE ADESOLA OGUNTADE JSC MAHMUD MOHAMMED JSC FRANCIS FEDODE TABAI JSC (Read the Lead Judgment) CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC

Judgement

TABAI JSC (Delivering the Lead Judgment): The judgment is sequel to an appeal against the judgment of the Court of Appeal Port Harcourt Division on the 22/5/2002. The judgment itself dismissed the appeal against the judgment of the trial court delivered on the 14/2/86. The appellants herein who were the plaintiffs, were also the appellants at the court below. The writ of summons itself was issued at the Port Harcourt Division of the High Court of Rivers State on the 13/11/75. They sued for themselves and on behalf of Ikoni family of Akakumama Okoroma in Brass Division then of Rivers State, but now of Bayelsa State. The defendants therein are the respondents both at the court below and in this court.

In paragraph 12 of the statement of claim, the plaintiffs/appellants claimed as follows: “Wherefor the plaintiffs’ claim as against the defendants, A is for a declaration of title to that piece or parcel of land known and called Okameinmo Kiri situate at Akakumama Okoroma village Membe in…

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