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ANACHUMA ANYAOKE & ORS V. DR F. ADI & ORS

(1985) JELR 42532 (SC)

Supreme Court  •  SC.157/83  •  12 Apr 1985  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; KAYODE ESO JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; MUHAMMADU LAWAL UWAIS JSC;

Appearances
Chief G. C. M. Onyiuke S.A.N (with Mrs. J. N. M. Nwabueze and Onwugbuya) For Appellant J. C. Okonkwo for 1st and 3rd Respondents and C. I. Akpamgbo for 2nd Respondent. For Respondent

Judgement

A. G. IRIKEFE, J.S.C (Delivering the Leading Judgment): Before the Onitsha Judicial Division of the High Court of the then Eastern Region of Nigeria, the appellants herein sued the 1st set of respondents herein claiming as follows

"Declaration of title to land known as Nne Agu or Ntumala, situate in Agulu. (Annual value of 20pounds). Recovery of possession of the said piece of land. 100pounds damages for trespass. Injunction trespassing the defendant, his servants and or agents from further trespass into the said Nne Agu or Ntumala land."

By a series of applications made before the High Court, before the actual hearing commenced, that court made orders joining the other sets of respondents to this appeal. The High Court took the evidence of all the parties, recorded the address of each counsel and adjourned the matter for judgment. In its judgment delivered on 2nd February, 1976, the High Court (Aseme, J, as he then was) dismissed all the claims of the appellants.

The appeal against …

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