CaseLaw
Uka V. Irolo (2002) CLR 7(L) (SC)
Judgement delivered on July 12th 2002
Brief
Facts
James Okoro and Chief Benjamin Uduma a Abam, for themselves and representing Ndi Ojiugwo Village of Abam sued Chief Kalu Okorie Irolo, Alugwe Okeke, Nicholas Uka Kalu, Sunday Dike Kalu, Kalu Okorie and Kalu Ebe, for themselves and on behalf of Ndi Ebe village of Abam, claiming (i) declaration of title over the piece or of parcel of land known as and called Ogbuebulu situate at Ndi Ojiugwo village of Abam in Ohafia Division within the judicial division of this Honourable Court and of the annual rental value of N10,000 and (ii) perpetual injunction to restrain the Defendants, their servants, workmen and or agents from in to any way interfering with the Plaintiffs ownership and possession of the said Ogbuebulu land.
In a counter action, brought by the Ndi Ebe village 1st against the Ndi Ojiugwo village. Chief Kalu Okorie Irolo, Alugwe Okeke Alugwe and Nicoholas Uka Kalu, for themselves and as representing the people of Ndi Ebe Village Abam claimed from Elder James Egbe Okoro, Chief Benjamin Uduma Abam, Ikpo Ibiam, Ebe Ebe Uka, Daniel (Mba, Usu Ukwa, Omegbe Egbe Okoro and Gbagalugu Usu, for themselves an as representing Ndi Ojiugwo village, Abam:
The suits were consolidated and in a well-considered judgment, the court found for the Defendants, that is, the Plaintiffs in suit No. HU/19/76.
The Plaintiff being dissatisfied with the judgment of the trial Court appealed to the Court of Appeal allowed the appeal, set aside the judgment of the trial Court and ordered a retrial before another judge.
Dissatisfied with the Court of Appeal's judgment, the defendants appealed to the Supreme Court.