CORAM

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IGNATIUS CHUKWUDI PATS-ACHOLONU JUSTICE, SUPREME COURT

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PARTIES

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1. STUS NWABUOKU2. ROBERT C. NWABUOKU3. NWANYASI OJUKWU4. OKWUDILI ELUMIKE5. OBI OKOLIE OTTA6. OKENNA IGWEILO APPELLANT(S) / DEFENDANT(S)

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PLAINTIFFS / RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

This appeal is against the concurrent findings of the two lower courts in suit brought by the respondents against the appellant/defendant. The respondents had sued the appellant for trespass and sought a perpetual injunction against the appellants. To prove their cases, parties relied on traditional history but the traditional history of the respondents was believed and acted upon by the trial court and affirmed by the Court of Appeal. The appellants have further appealed to the Supreme Court against the findings of the Court of Appeal.

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HELD

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The Court dismissed the entire appeal as lacking substance

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ISSUES

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1. Whether the learned Justices of the Court of Appeal were right in not upholding the Appellants appeal having regard to the facts and circumstances of the case.2. Whether the Plaintiffs/Respondents discharged the onus of proof which rested on them in respect of the land which they claimed.3. Whether the disregard of Exhibit “D” by the Courts below did not occasion a miscarriage of justice to the Appellants.

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RATIONES DECIDENDI

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PROBATIVE VALUE OF DOCUMENTS

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“It is not the law that every document admitted by a court of law must be assigned probative value. A document could be admitted on the ground of relevancy but the court may not attach any weight on it, in the light of the circumstances of the case. In other words, admissibility which is based on relevancy is distinct from weight to be attached to the document”. { PER NIKI TOBI, JSC }

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FACTS SUPPORTED BY UNCONTROVERTED CREDIBLE EVIDENCE

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“…….the law enjoins us not to disturb or reverse, in view of the findings of fact which are supported by uncontroverted credible evidence and are neither perverse nor substantial error apparent”….{Per A. M. MUKHTAR, JSC}

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CASES CITED

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1. Onibudo V. Akibu 1982 7 SC. 602. Aikhionbare V. Omoregie 1976 12 SC. 113. Odesanya V. Ewedemi 1962 All NLR 3204. Salami V. Gbadeolu 1997 4 NWLR part 499 page 2775. Enang V. Adu l981 11-12SC.2S6. Koronye V. Mart 2000 15 NWLR part 692 page 8407. Lokoyi V. Olojo 1983 2 SC NRL 127

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STATUTES REFERRED TO

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None.

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