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CaseLaw

Omoni V. Tom (1991) CLR 8(c) (CA)

Brief

  • Record of appeal
  • Title to land
  • Res judicata
  • Inadmissible evidence
  • Evidence led on matters not pleaded

Facts

On 12 October, 1983, Fiberesima, J. entered judgement in favuor of the plaintiffs against the defendants in suitnnumber DHC/5/79 at the Degema Judicial Division of the High Court of the Rivers State for-

  • 1
    Declaration that the plaiintiffs have a customary right of occupancy over the piece or parcel of land known as Iga-piri and Iga Creek situate at Abalama as particularly shown and deliniated on plan No.TJR 151 LD dated 10th August, 1979:
  • 2
    N4,970.35 as money paid by Guffanti Nigeria Limited to Degema Local Government Authority in favour of the owners of the land as compensation;
  • 3
    Perpitual injuction restraining the defendants to Tema Community and their servants from commiting any trespass on the said land Iga –piri and Creek (Iga Creek) and from claiming compensation due on the lland and on the Creek from Guffanti Nigeria Limited and from the West minister Dredging company Limited or from any other company or person or from the Degema Local Government Authority or Council.

The defendants who are now appellants were dissatisfied with the judgement of the court below,consequently, they have brought an appeal to this court.

Issues

  • 1
    Is the trial court right to have rejected the Arbitration proceedings, and...
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