CORAM

O. ATAWURA – JUSTICE, SUPREME COURT

A.B. WALI – JUSTICE, SUPREME COURT

M.E. OGUNDARE – JUSTICE, SUPREME COURT

E.O. OGWUEGBU – JUSTICE, SUPREME COURT

S.U. ONU – JUSTICE, SUPREME COURT

PARTIES

GODWIN UZOECHI (Substituted for John Eleke, deceased. For himself and on behalf of Nkpokirioha alias Okorokwaraure kindred of Obiohia in Ideato Local Government Area) APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellants brought an action for declaration of title, damages for trespass and injunction against the respondents at the trial court ?

HELD

The court held that the Judge of the trial court had properly evaluated the evidence before him and the court of appeal ought not to have interfered with his findings and accordingly allowed the appeal

ISSUES

i. Whether the Plaintiff proved his locus standi to sue in respect of land which, on the evidence, belongs to the descendants of Okorokwaraure.ii. Whether the Court of Appeal acted correctly in reviewing the findings of fact of the High Court, setting aside the same and substituting its own findings.iii. Whether the Court of Appeal was right in deciding that the Plaintiff cannot rely on affidavits which were not tendered as evidence at the interlocutory stage of the proceedings.”

RATIONES DECIDENDI

CASES CITED

Oloriode v. Oyebi [1984] I SCNLR 390Melifonwu v. Egbuji (1982) 9 SC 145Odeneye v. Efilnuga (1990) 7 NWLR (pi. 164) 618;Oseni v. Dawodu (1994) 4 NWLR (Pt. 339) 390;Akinfolarin v. Akilliloia (1994) 3 NWLR (Pt. 335) 659)Agwunedu V. Onwumere (1994) 1 NWLR (Pt. 32)) 375

STATUTES REFERRED TO

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