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CaseLaw

Odi V. Iyala (2004) CLR 4(h) (SC)

Judgement delivered on April 2nd 2004

Brief

  • Order non suit
  • Brief of argument
  • Supplementary brief
  • Concurrent finding of fact
  • Evaluation of evidence of witnesses
  • Traditional history
  • Estoppel per rem judicatam
  • Onus proof
  • Title of ownership of land
  • Evidence against interest

Facts

In Suit No. PHC/97/71 the Appellants as Plaintiffs (for themselves and on behalf of Idama Ekulama Community) claimed against the 1st set of Defendants/Respondents for themselves and on behalf of Soku Community two reliefs, a declaratory relief and an injunctive relief, as follows:

  • 1
    A declaration of title to the piece or parcel of land known and called 'EKULAMA LOCATION' situate and lying at Alagbon Iburu in Ababoko in the Rivers State.
  • 2
    An injunction restraining the Defendants, their servants, agents and all persons claiming through or under them from interfering with the Plaintiffs' title, rights and interests in and over the said location."

The Appellants called four witnesses. The two sets of Defendants/Respondents called a total of thirteen witnesses. Both parties tendered their survey plans of the land in dispute.

The learned trial Judge gave judgment against the Appellants. Dissatisfied, the Appellant went to the Court of Appeal. That Court dismissed the appeal and affirmed the decision of the learned trial Judge. Still dissatisfied, the Appellants have appealed to the Supreme Court.

Issues

  • i
    Was the Court of Appeal wrong in confirming the High Court judgment's..

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