OJIAKO & ORS. V. OGUEZE & ORS.

• Pages: 44-47

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NIGERIAN SUPREME COURT CASES

[1962] N.S.C.C.

(a)

The appellants have sold land which formed a part of the communally owned

property of the parties, for the sum of £600.

(b)

That the parties in view of the above cannot be restored to their original po-

sition.

(c)

That the appellants have collected £63 as rents on the property in dispute

in 1948 and have withheld same from the respondent.

I would therefore dismissed this appeal with costs which I assess at £32-12s-

6d to the respondent.

Unsworth, F.J.

I concur.

Bairamian, F.J.

I concur.

Appeal dismissed.

OJIAKO & ORS. V. OGUEZE & ORS.

OKOLI OJIAKO AND OTHERS on their

own behalf and on behalf of

IJHUOKWE OKIJA COMMUNITY

V

ONWUMA OGUEZE AND OTHERS on their

own behalf and on behalf of

UMUEZEANA CKIJA COMMUNITY

PLAINTIFFS/

RESPONDENTS

DEFENDANTS/

APPELLANTS

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SUIT NO. FSC 359/1962

FEDERAL SUPREME COURT

BRETT,

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F.J.

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TAYLOR,

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F.J.

BAIRAMIAN,

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F.J.

29th January, 1962.

Practice and Procedure - Reopening of Proceedings after subsisting judgment

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Competent Court - Native Courts Ordinance Cap. 142 (1948 Edition) - Res

Judicata.

Land Law - Declaration of Title - Previous declaration as to same lands between

same communities by competent court - Second declaration by another competent

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court - Willnot be set aside if it adds something to original declaration.

Evidence - Docizmentary admissibility of plan of lands - Must be countersigned

- Survey Act, Cap. 194 section 23.

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ISSUES:

1.

Whether a court having given final judgment in proceedings before it has a right

to reopen the case again.

2.

Whether the reopening of a case suggests that the earlier decision in the same

case was not final.

3.

Whether a plan of lands must be countersigned to be admissible as a document.

4.

Whether a plaintiff in favour of whom a declaration of title to Land has been

made by a competent court can, and if so, in what circumstances, bring a fresh

action for declaration to the same subject matter.

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