IBOJE ITAMBONG & ORS VS MICHAEL AKONYE
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 86080 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Apr 24, 1964
Suit Number: SC 46/1963
CORAM
BRETT, JUSTICE, SUPREME COURT
BAIRAMAN, JUSTICE, SUPREME COURT
BRETT JUSTICE, SUPREME COURT
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
JAMES OGUNTIMEYIN APPELLANTS
KPEKPE GUBERE & ANOR
RESPONDENTS
AREA(S) OF LAW
LAND LAW-DECLARATION-TITLE TO LAND-INJUNCTION
SUMMARY OF FACTS
The trial court had given judgment to the respondents on behalf of a portion of land and dissatisfied the appellants appealed.
HELD
The court held that the declaration should be amended to exclude the enclaves in green and granted an injunction in favor of the respondents
ISSUES
Whether the amendment granted the respondents by the trial court was prejudicial to the appellants
Whether the judgment of the trial court was against the weight of evidence
RATIONES DECIDENDI
DECLARATION OF TITLE TO A PIECE OF LAND
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DECLARATION OF TITLE TO A PIECE OF LAND
CASES CITED
1. Tiddesley v. Harper, 10 Ch.D. 396 and 397
2. Loutfi V. C. Czarnikow, Ltd. {1952] 2 All E.R. 823
STATUTES REFERRED TO
