CORAM
S. O. UWAIFO JUSTICE, SUPREME COURT
OBASEKI, JUSTICE SUPREME COURT
PARTIES
NWAFOR NWAWUBA
ANENE MADUKOLU
NWACHUKWU ORAEGWULU
NDUEGBUNAM ENUKORA (For themselves and on behalf of Ifeteora in Urum)
APPELLANTS
JEROME ENEMUO RESPONDENT
OKOLO MADUBUOFU
NWAFOR MADUBUOFU (For themselves and on behalf Omenbelonuwu of Amanuka)
RESPONDENTS
AREA(S) OF LAW
LAND LAW-TITLE TO LAND-PERPETUAL INJUNCTION-ISSUE ESTOPPEL-PLEADINGS
SUMMARY OF FACTS
The appellants sought from the court a declaration of title to land and a perpetual injunction against the defendants.
HELD
The Court held that the injunction was rightly granted but that it would amend the persons to be affected by the order of injunction.
ISSUES
1. Whether there was any decision in Suits 0/202/66 and 0/14/67.
2. Whether the present Defendants/Appellants are estopped by the said Suit Nos. 0/202/66 and 0/14/67 from claiming by way of defence title to the land in dispute.
3. Whether the said present Defendants/Appellants could not contest title to the land in dispute.
4. Whether the order of injunction granted against the Defendants/Appellants was justified and/or whether the terms of the order of injunction granted against the Defendants/Appellants can be upheld
RATIONES DECIDENDI
REPRESENTATIVE SUITS.
‘When a man who is among the persons represented in a representative action makes a solemn statement on oath which cuts at the foundation of his party’s case, such a statement usually represents the truth in the matter in controversy and is admissible.’- P. NNAEMEKA-AGU, JSC
CASES CITED
1. Chikwendu v. Mbamali (1980) 3-4 SC. 31; (1980) 3-4 SC. (Reprint) 21
2. Lamai v. Orbih (1980) 5-7 SC. (Reprint)20; (1980) 5-7 SC.283
. Chief Kweku Serbeh v. Ohene Kobina Karikari (1938) 5 WACA. 34
4. Ibodo v. Enarofia (1980) 5-7 SC. (Reprint) 29; (1980) 5-7 SC.42.
5. Nwachukwu Anors v. Nze & Ors (1955) 15 WACA. 36
6. Fox v. Star Newspaper Co. (1900) AC. 19
7. Hess v. Labouchere 14 TLR. 1
8. Chief Ojora v. Odunsi (1959) 5 FSC. 189 p.190.
9. Karimu v. Fajuba (1968) NMLR. 151, p.152-3
10. Arase v. Arase (1981) 5 SC. (Reprint) 21; (1981) 5 SC. 33, p.35
11. Ejeanalonye & Ors v. Omabuike & Ors (1974) 2 SC. (Reprint) 27; (1974) 1 All NLR. 298,
STATUTES REFERRED TO
Not Available