n Compulaw - 1st Indigenous Digital Law Library
Disable Preloader

CaseLaw

Ugwu & Ano V. Agbo & Ors (1977) CLR 10(c) (SC)

Judgement delivered on October 21st 1977

Brief

  • Declaration of ownership of land
  • Communal land
  • Customary law
  • Proof of custom

Facts

In that Court, the claim, in its final amended form as set out in paragraph 16 of the Statement of Claim, was for:

  • 1
    "A declaration that the piece or parcel of land known as and called Achara Ukwu which is situate at Awkunanaw in this Judicial Division and verged pink in plan No.E/GA 140/72 is the communal property of the plaintiffs and the defendants.
  • 2
    Perpetual Injunction to restrain the defendants, their agents and assignees from disposing of any portion of the said land either by sale, lease, mortgage or in any other manner without the written consent of the plaintiffs."

Pleadings were ordered and duly delivered, and after hearing evidence, the High Court (Phil Ebosie, J.) delivered a considered judgment in which he reviewed the evidence at length and found in favour of the plaintiffs.

The defendants appealed to the Supreme Court.

Issues

Whether failure to prove the existence of a custom is fatal to a case in which...

Read More