AKAIGHE V. IDAMA

• Pages: 237-241

AKAIGHE V. IDAMA

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237

covering possession. That was plain enough to the defendant, whose defence

was either that Ilobolo was the owner, or that the plaintiff had led the defendant so

to think and was estopped. The plaintiff succeeds, and the defendant must accept

the consequences of being defeated in the court dispute which he provoked. It

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seems to us that in the circumstances of this case no useful purpose can be served

by another suit for forfeiture.

The Court allows the plaintiff's appeal and orders as follows:-

In the Onitsha Suit 0/54/1958 between the Plaintiff Ezenwankwo Ezeokafor and

the defendant Ebenezer Otaluka, the judgment of the

High

Court of the Eastern Re-

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gion dated 15 July, 1961, is set aside; judgment is entered granting the plaintiff's

claim to a declaration of title (as owner of family land under native law and cus-

tom) to the piece of land close to Ekel-.

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:kwulobia market situated between lgbo and

Awka roads at their junction and shown verged green (which includes within the

green a triangle verged in red) in Exhibit 10A (plan No. 05/19/59) and also grant-

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ing his claim for a perpetual injunction to restrain the defendant, his servants and

agents from entering the land aforesaid; and the defendant shall pay the plaintiff's

costs of appeal, which are assessed at one hundred and eighty guineas (£189)

and also his costs in the Court below, which shall be taxed there.

In concluding this judgment, we note that on p. V of the Record of Appeal, the

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Registrar of the Court below states that there is a balance of fees payable by the

plaintiff; if it is still unpaid, that Registrar can ask the Court below to bear it in mind

when the plaintiff asks for the money,:; deposited by the Total Oil Company, or to

direct him on what to do about the balance.

Onyeama J.S.C. I

concur.

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Ajegbo J.S.C. I

concur.

Appeal allowed.

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AKAIGHE Va IDAMA

BOB 0. AKAIGHE

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APPELLANT

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V

ONOMUIYORIVBIYEFE IDAMA

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RESPONDENT

SUIT NO. FSC 140/1963

SUPREME COURT OF NIGERIA

BRETT,

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AG. C.J.N.

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BAIRAMIAN,

ONYEAMA,

AJEGBO,

COKER,

30th October, 1964.

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J.S.C.

J.S.C.

J.S.C.

J.S.C.

Legislation - Western Nigeria - Customary Courts Law (Laws of Western Nigeria

1959, c.31) s.53 - Magistrate's Court Law (Laws of Western Nigeria 1959,

c.74) s.19, s.20.

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Appeals - To High Court from Customary Courts Appellate Court ordering a

rehearing must send case to a court competent to hear it in original jurisdiction.

Statutes - Interpretation - A provision not to be read in isolation, but together

with relevant provisions, with aim at harmony.