SAM AIGBE & ANOR V. THE STATE
August 7, 2025ONOSIAHERHOVWE EKERI & ANOR V. EDO KIMISEDE & ORS
August 7, 2025Legalpedia 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