OGBALI AKPAGBUE & ORS. V. NDUOKU OGU & ORS.
(1976) JELR 45222 (SC)
Supreme Court
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SC.123/1974
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10 Jun 1976
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Nigeria
Coram
MOHAMMED BELLO JSC;
DARNLEY ARTHUR RAYMOND ALEXANDER JSC;
CHARLES OLUSOJI MADARIKAN JSC;
Appearances
Mr. H.A. Lardner (With him Messrs. O. I. Dafe and T. K. Dugbo) For Appellant
Mr. Bayo Kehinde (With him Messrs. S. E. Aganbi and J. A. Obi ) For Respondent
Judgement
<p>C. O. MADARIKAN, J.S.C. (Delivering the Leading Judgment): This appeal relates to two actions which were consolidated and tried together in the High Court, Ughelli.</p><p> The first action was suit No. UHC/8/71 in which the present Appellants were the Plaintiffs, and their claim against the defendants, now Respondents, reads: -</p><p> "The Plaintiffs seek the following orders from the court against the defendants jointly and severally: -</p><p> 1. Declaration of title to that piece or parcel of land known as and called OBOJI, situate at Ike-Onicha bush in Kwale within the jurisdiction of this court, the area and position are as shown in a plan to be filed later. The value of the land is about N200.</p><p> 2.N100 damages for trespass committed by the Defendants on the said land.</p><p> 3 Perpetual Injunction restraining the Defendants their servants and agents from further entering on and committing acts of trespass on the said OBOJI land.</p><p> "The second action was suit No. UHC/15/71 wherein the present Respondents (as Plaβ¦</p>