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Ogbali Akpagbue & Ors. v. Nduoku Ogu & Ors.

(1976) JELR 45222 (SC)

Supreme Court  •  SC.123/1974  •  10 Jun 1976  •  Nigeria

Coram
MOHAMMED BELLO JSC; DARNLEY ARTHUR RAYMOND ALEXANDER JSC; CHARLES OLUSOJI MADARIKAN JSC;

Judgement

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.

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: -

"The Plaintiffs seek the following orders from the court against the defendants jointly and severally: -

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.

2.N100 damages for trespass committed by the Defendants on the said land.

3 Perpetual Injunction restraining the Defendants their servants and agents from further entering on and committing acts of trespass on the said OBOJI land.

"The second action was suit No. UHC/15/71 wherein the present Respondents (as Pla…

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