OBI EZE V. G. RIVERS STATE
June 20, 2025UNION BANK OF NIGERIA PLC V. E. D. EMOLE
June 20, 2025Legalpedia Citation: (2001) Legalpedia (SC) 66117
In the Supreme Court of Nigeria
Fri Dec 14, 2001
Suit Number: SC. 142/1998
CORAM
ADEMOLA, CHIEF JUSTICE, NIGEERIA
SAMSON ODEMWINGIE UWAIFO, JUSTICE, SUPREME COURT.
PARTIES
1. EZEANYA DURU2. FIDELIS EZEOKE3. ISIGUEMEZE UDOGU4. MOGBO IKEMELU5. ONYEJIMBE UDOGU6. EZENWANKWO EZEOBI(For themselves and on behalf of the people of Obinabo Quarter Nkpologwu). APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondents as plaintiffs in the High Court sued the Defendant/Appellants for declaration of title under native law and custom, special and general damages for trespass and injunction.?
HELD
The Appeal was allowed, the order of retrial together with the order for costs was set aside, an order of dismissal made by the trial court was affirmed.
ISSUES
Whether a retrial is the right order to make where the respondents failed in toto in an action for declaration of title, damages for trespass and injunction, and where the respondents’ principal witnesses were disbelieved on the evidence before the court.”Whether on the evidence which gave rise to exhibit ‘M’ which was held properly admitted by the lower court the respondents can ever succeed in an action rooted in exclusive possession and ownership.
RATIONES DECIDENDI
CASES CITED
Idundun v. Okumagba (1976) NSCC (vol.10) 445 at 454 – 455Onyenma v. Amah (1988) 1 NWLR (pt.73) 772Elias v. Disu (1962) 1 All NLR 214Ekpo v. Ita (1932) 11 N.L.R. 68.
STATUTES REFERRED TO
Section 3(1) (b)(i) of the Survey law (Cap. 124), Laws of Eastern NigeriaSection 45 (now section 46) of the Evidence ActSection 108 (now 109), 110 (now 111) and 111 (now 112) of the Evidence Act
