CORAM

MAIIMUDE MOHAMMED, JUSTICE SUPREME COURT

SOWEMIMO

UDOMA

PARTIES

OKWO EJIOFOR (for himself and on behalf of the people of Ukala-Okpunor) APPELLANTS

EZE ONYEKWEANYANYEMOKEI SIWAKUEBOI IWENDI (for themselves and on behalf of the people of Ogbuafu Quarter, Ezi ) RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiffs claim that the land in dispute is Ikono land and comprises of two portions; Ofia Ikono and Ogodor Farm land. In 1910 the boundary between the plaintiff’s people and the defendants’ people was fixed by a District Officer. The defendants’ claims the land in dispute as the property of the defendants’ people from time.

HELD

The court held the appeal succeeded and the plaintiffs case was non- suited

ISSUES

1. That the learned trial Judge should not have awarded costs to the defendants since it was the plaintiff that has won the declaration even if in respect of part only of the entire area which he had claimed; 2. That the learned trial Judge should have non-suited the plaintiff in respect of the claim for declaration of title to the whole of the lands claimed and in respect to the other claims which are ancillary to and dependent on the claim for a declaration of title.

RATIONES DECIDENDI

CASES CITED

1. Jemiegbe Ifie v. Okeke Gadi & Ors. (1965) NMLR 457|2. Oluwi v. Eniola (1967) NMLR 339|3. Ukia Edam & Ors. v. Aja Orie & Ors. FSC 54/62,|4. Uzonwame Nwakuche & Ors. v. Peter N. Azubuike & Ors. (1955) 15 WACA 46|5. Craig v. Craig (1967) NMLR 52|6. Dada v. Ogunremi (1962) NMLR 182.

STATUTES REFERRED TO

None.|

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