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UMEANO ACHIAKPA & ANOR V. JOSIAH NDUKA & ORS

(2001) JELR 44271 (SC)

Supreme Court  •  SC.28/1996  •  13 Jul 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

IGUH, JSC (Delivering the Leading Judgment): By a writ of summons issued on the 1st day of June, 1976, the plaintiffs, for themselves and on behalf of the Umuonewe family of Isikwe Achi in Anambra State instituted an action jointly and severally against the defendants of Umunduka family of Obinagu, Isikwe, Achi at the Enugu Judicial Division of the High Court of Justice, Anambra State claiming as follows:-

"(a) Declaration of title to the pieces or parcels of land known as "MASA" and "OBU" shown in survey plan No. FCO/125/76,

(b) ₦1,000.00 (one thousand Naira) being general damages for trespass, and

(c) Injunction restraining the defendants, their agents, servants and/or privies from acting in any way contrary to the rights of ownership of the plaintiffs in the said land without the previous consent or approval of the plaintiffs."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and calle…

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