Kafene Jeddo & Anor V. Agharimuayire Imiko (F). (1972)

LawGlobal-Hub Lead Judgment Report

I. LEWIS, J.S.C. 

In Suit No. W/71/61 in the Warri High Court the plaintiff’s writ issued on the 8th of November, 1961, read:-

“BETWEEN :

Agharimuayire Imiko (Next -of-kin)

of Uruetsone

Emoefe (deceased)… Plaintiff

AND

1. Kafene Jeddo ) …………………. Defendants
2. Robert Jeddo )

CLAIM

The plaintiff claims against the defendants:

(1) Possession of the piece or parcel of land known and described as ‘Egodo Uruetsone’ (Uruetsone’s Compound) at Ukpokiti Quarters, Agbassa, Warri. The extent and limit of the said piece or parcel of land will be shown on a plan to be filed in court in this action.

(2) An injunction restraining the defendants, their servants and/or agents from trespassing unto the plaintiff’s said piece or parcel of land at Agbassa aforesaid.”

and paragraph 20 of the Statement of Claim read:-

“This action is brought by the plaintiff as the next-of-kin of Uruetsone Emoefe (deceased) as the said premises was his bona fide property at his death.”

After the hearing of the action began the plaintiff brought a motion asking leave of the court:-