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CaseLaw

Long-John V. Iboroma (2005) CLR 10(c) (SC)

Judgement delivered on October 7th 2005

Brief

  • Estoppel per rem judicatam

Facts

TThe Respondents were the Plaintiffs before the Port-Harcourt High Court where they claimed against the 1st set of Appellants as the Defendants for:

  • "1.
    A declaration that the Plaintiffs are entitled to the customary right of occupancy according to Kalahari native law and custom to all the piece or parcel of land known and called Fubara Polo, Akpana Polo and Dokubo-Ekine Polo land situate at Fouchee Bakana-Delga.
  • 2.
    N400,000 damages for trespass.
  • 3.
    Injunction restraining the Defendants by themselves, their agents and or servants from committing further acts of trespass thereon."

The Respondents brought the suit as the representatives of Dokuboye Ekine, Orubioye Akapana and Pokiaye Fubara families of Efoko Bakana. The 2nd set of Appellants who are the representatives of the Iboroma Family were on their own application later joined to the suit and were described as the 2nd set of Defendants.

The parties filed and exchanged pleadings after which the suit was heard by Opene J. (as he then was). On 14-07-86, Opene J. in a reserved judgment granted the claims by the Plaintiffs now Respondents.

The two sets of Defendants were dissatisfied with the judgment. They brought an appeal against it before the Court of Appeal, Port-Harcourt Division (hereinafter referred to as the 'Court below'). On 7-12-2000, the Court below in its judgment dismissed the appeal and affirmed the judgment of the trial Court. Still dissatisfied, the two sets of Defendants have come on a further appeal to this Court.

Issues

  • i.
    Did the Court of Appeal right (sic) when it failed to rule on the propriety...
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