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CaseLaw

Ozibe & Ors V. Aigbe (1977) CLR 7(a) (SC)

Judgement delivered on July 1st 1977

Brief

  • Declaration of title
  • Judgement without review of pleadings
  • Evidence of issues not resolved

Facts

Respondents took out a writ of summons claiming a declaration of title to a certain piece of farmland called Odi-Iwe Ikeken Quarters, in¬junction and damages for trespass. Aappellants counter¬claimed in respect of the same piece of land but called it Oligban and alleging that it situate in Idumu-Agbor Quarters of Ewatto.

Without setting out the issues raised, both on the pleadings and without review¬ing the evidence and making any findings of facts, despite the conflicts apparent in the evidence of the witnesses called by the plaintiffs, the trial Judge gave judgment for the plaintiffs.

Issues

Whether it was proper for a trial Judge to rule in favour of one party because...

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