CORAM

SOWEMIMO, CHIEF JUSTICE,NIGERIA

CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT

BELLO, JUSTICE SUPREME COURT

PARTIES

1. EDEANI NWAVU & 11 ORS APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants claimed they jointly owned the land in dispute with the respondents through the same progeniture but the respondents claimed exclusive ownership but did not counter claim.

HELD

The Court held that appellants established communal title to the land and that the  respondents did not establish their claim to exclusive ownership.

ISSUES

1. Whether the Court of Appeal was right in setting aside the judgment of the trial court and dismissing the plaintiffs/appellant’s case2.  Whether the Court of Appeal was right in holding that estoppel does not apply in favour of the plaintiffs/appellants in this case.

RATIONES DECIDENDI

CASES CITED

NONE

STATUTES REFERRED TO

The Evidence Act

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