The Court of Appeal has ruled that Ugbolokposo community cannot rely on a Supreme Court Judgement of 1997 to claim ownership of all land in Ugbomro, Okwatata, Iteregbi and Okufoghere settlements
The Court agreed with the argument of Mr. Albert Agbomudje SAN, Counsel to the Uvwie families that “…the appellant by their reliefs in the instant matter are attempting to obtain from the backdoor, what was not claimed and awarded by the Supreme Court in suit No. SC/98/1993.
The Itsekiri appellant, Osibakoro Otuedon has on behalf of Ugbolokposo community appealed against the High Court of Delta, Effurun judgment delivered by Hon. R. N. Pemu(Mrs) on 16th March, 2006 wherein the court decided against the plaintiff
The Appellant at the lower Court claimed against the Uvwie families among others are:
A declaration that having regard to the judgment of the Supreme Court of Nigeria in Suit No. SC981/1993 in Re-Osibajro Otuedon Vs Anor. V. Ambrose Olughor and others delivered on 18/7/97 and finding of facts therein, the title over all the peninsula, otherwise known as Ugbolokposo land all the settlement therein, including Ugbomro Okwatata, Iteregbi/Okufoghere settlemnts covering an area of about 1786 acres is vested in Ugbolokposo people
But the Court of Appeal judgment headed by Justice Mohammed Ambi-Usi Danjuma with Justices Joseph Eyo Ekanam and Abimbola A. Osarugue Obaseki-Adejumo agreed with the High Court in Effurun by saying that “the claim which the Supreme Court granted was not for the title over all the peninsula otherwise known as Ugbolokposo land and all the settlements therein, including Ugbomro, Okwatata, Iteregbi/Okufoghere settlement as claimed by the appellants before the lower court.
The Supreme Court however refused to award cost saying it is “to encourage the parties to live in brotherhood for the common good of all and to avoid protracted litigations that Closter economic wellbeing and development in some instances.
The respondents in the case were Chief Ambrose Olugbor and James Enakeyare for themselves and on behalf of Ugbomro community as well as Ohbanefe Okueremu for himself and on behalf of Abadi/Ogbe families of Erovie Quarters, Effurun
