CORAM

M.L. UWAIS

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

O. ACHIKE JUSTICE, SUPREME COURT

PARTIES

EBE EBE UKA CHIEF BENJAMINUDUMA ABAM (FOR THEMSELVES AND AS REPRESENTING NDI OJIUGWO VILLAGE OF ABAM APPELLANTS

CHIEF KALU OKORIE IROLO CHIEF BENJAMIN UDUMA ABAM NICHOLAS UKA KALU SUNDAY DIKE KALUKALU OKORIE KALU EBE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The defendant pleaded traditional history and acts of possession as a basis for the claim to the land in dispute. The trial court failed to make pronouncement on the issue of traditional evidence in giving title to the defendants on the basis of the court of appeal ordered a retrial.

HELD

The court held that where a party relies on more than one root of title, and it succeeds on either it can form the basis of a declaration of title in its favour. It therefore set aside the judgment of the Court of appeal and restored the judgment of the trial court.

ISSUES

1. Whether the Court of Appeal was right (having due regards to the pleadings and evidence) to have reversed the decision of the trial Court and order a retrial. 2. Whether the Court below was right in setting aside the judgment of the trial Court on the reliefs of trespass and injunction.

RATIONES DECIDENDI

CASES CITED

Obi Nwanze Okonji & Ors. v. George Njokanma & Ors (1991) 7 NWLR 131|Akpan Awo v. Cookey Gam (1913) 2 NLR,|Saidi v. Akinorunmi (1956) 1 F.S.C. 107|Edu v. Cole (1956) L.L.R. 52|Akuru v. Olubadan-in-Council (1954) 14 W.A.C.A. 523|Idundun v. Okumagba (1976) 9/10 SC 227 at pages 246-250|Piaro v. Tenalo (1976) 12 SC 31 at 40-41|Kehinde v. Irawo (1973) 3 SC 29, at 35-36; (1973) NSCC 156, 159|Ishola v. Abake (1972) 5-SC 321 at 329-330|Balogun v. Akanji (1988) 1 NWLR 301 at 321|Ibenye v. Agwu (1998) 11 NWLR 372

STATUTES REFERRED TO

NONE|

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