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OKORIE ECHI & ORS. V. JOSEPH NNAMANI & ORS

(2000) JELR 44181 (SC)

Supreme Court  •  SC.127/1994  •  12 May 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC ABUBAKAR BASHIR WALI JSC UTHMAN MOHAMMED JSC ALOYSIUS IYORGYER KATSINA-ALU JSC AKINTOLA OLUFEMI EJIWUNMI JSC

Judgement

EJIWUNMI, J.S.C. (Delivering the Leading Judgment): The action that led to this appeal was commenced by the appellants at the High Court of the defunct Anambra State High Court presided over by Okadigbo J. The appellants had in that action sued the respondents claiming the following reliefs:-

"(a) Declaration of title to the piece and parcel of land known as and called Agbirigba and Ogoye situate at Awkunanuw in this judicial division.

(b) N200.00 being general damages for trespass.

(c) An order of perpetual injunction to restrain the defendants their agents and assigns from further trespass into the said land."

Pleadings were filed, exchanged and amended with the leave of the trial court. Though the respondents were sued jointly by the appellants, the suit was defended upon two separate statements of defence. The 1st-3rd respondents filed their own statement of defence, and the 4th-6th respondents also filed their own separate statement of defence.

At the hearing, both sides, i.e. t…

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