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CHIEF OSIGWE EGBO V. CHIEF TITUS AGBARA & ORS.

(1997) JELR 45521 (SC)

Supreme Court  •  SC.99/1990  •  17 Jan 1997  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; YEKINI OLAYIWOLA ADIO JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
B.A.M. Fashanu, Esq. For Appellant E. Ofodile, Esq. For Respondent

Judgement

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): In the Port Harcourt Judicial Division of the High Court of Justice of the former Rivers State of Nigeria, the plaintiffs, who are now respondents, for themselves and as representing the people of Opolo Village, caused a writ of summons to issue against the defendants, now appellants,for themselves and as representing the people of Okutukutu and Etegwe villages, claiming as follows:-

"(i) A declaration of title of ownership of the piece or parcel of land known as "Kaliema" and "Okobede" situate at Opolo Village Yenagoa in Brass Division in the Rivers State of Nigeria, whose value is five pounds .

(ii) 3500 pounds general damages for trespass in that the defendants wrongfully entered upon the plaintiffs' land and planted crops as well as damaging some plaintiffs property on the said land.

(iii) A perpetual injunction restraining the defendants, their servants or agents from entering on or in any manner whatsoever, committing any fur…

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