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MBA ORIE & ANOR V. OKPAN UBA & ANOR

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MBA ORIE & ANOR V. OKPAN UBA & ANOR

Legalpedia Citation: (1976) Legalpedia (SC) 95111

In the Supreme Court of Nigeria

Fri Oct 8, 1976

Suit Number: SC.405/1975

CORAM


GEORGE SODEINDE SOWEMIMO

MOHAMMED BELLO

ANDREWS OTUTU OBASEKI


PARTIES


MBA ORIE & ANOR  APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

In an action for declaration of title to land, the Plaintiff/Respondent’s claim against the Defendants/Appellants was for a declaration that the  Plaintiffs as the lineal descendants of Nna Okpan Uba, who was the first person to bring into his possession and ownership Ekike, Ugwu-Otugba and Ngele-Aturu lands are by Nkporo Native Law and Custom entitled to half share of farm strips in any year these pieces or parcels of land are farmed and the sum of  £40(Forty pounds) being half the total rental value of these lands farmed this year (1971) by the Defendants who excluded and denied the Plaintiffs their right. The court thereafter granted the claims of the Plaintiff/Respondent in part, by granting the declaration of right to farm, but only on a smaller area than that claimed in the first arm of the claim and the second claim was dismissed. The Defendant/Appellant dissatisfied with the judgement have appealed to the Court of Appeal.


HELD


Appeal Dismissed


ISSUES


Nil


RATIONES DECIDENDI


CASES CITED



STATUTES REFERRED TO


Eastern Nigeria High Court Rules


CLICK HERE TO READ FULL JUDGMENT

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