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EZEANYA DURU & ORS V. PETER ONWUMELU & ANOR

(2001) JELR 44332 (SC)

Supreme Court  •  SC.142/1998  •  14 Dec 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI- WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; ALOYSIUS IYORGYER KATSINA - ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): This case originated in the High Court of Awka Judicial Division of Anambra State. It was filed on 22 May, 1974. For reasons I need not go into hearing of the case did not commence until 13 January, 1987 before Obiesie J., who on 13 April, 1992 gave judgment dismissing the plaintiffs' claim in which they had sought:

"(i) A declaration of title (ownership) under native law or custom to the plaintiffs' piece or parcel of land known as and called 'AGU UDUDONKA' or 'AGU AKWALA' which situates at Ula village Ekwulobia, within jurisdiction and shown verged red in the plaintiffs' plan No. NLS/AN.572/83 filed with this statement of claim. The annual rental value of this land is about N10.00 (ten naira).

(ii) Special and General damages for trespass committed on this land on or about the 20th day of March, 1974, limited to N1,000.00 (one thousand naira).

(iii) An injunction restraining the defendants, their servants, agents and or workmen from …

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