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OBIDINAKA EJEANALONYE & ORS. V. IKPENDU OMABUIKE & ORS.

(1974) JELR 46187 (SC)

Supreme Court  •  SC.291/1973  •  21 Feb 1974  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; DANIEL O. IBEKWE JSC;

Appearances
Mr N.N. Anah ( with him, Mr. N.E.J. Ifediora) For Appellant Mr. M.A.Onyiuke For Respondent

Judgement

ELIAS, C.J.N. (Delivering the Leading Judgment): In suit No. 0/168/1971 Agbakoba J. on May 8, 1973 gave judgment in the Onitsha High Court in favour of the plaintiffs against the defendants ordering the latter to pay nominal damages for trespass in respect of the plaintiffs' land and an injunction restraining the defendants from committing further acts of trespass. The Plaintiffs' claim is as follows:

"1. The Plaintiffs and the Defendants reside at Okija within the jurisdiction of the Court.

2. The Plaintiffs sue for themselves and on behalf of all the members of Umuoma family Ubahueze-Ihite Okija.

3. The Plaintiffs are in possession of all that piece or parcel of land situate at Okija within the Onitsha Judicial Division known as and called "OLIEHI". The said "OLIEHI" land goes as far as the "IHUOSE" river "AGBO-UTU", "ONU" river, "AGBO-OGWU" and "AGBO-AGU".

4. On or about the 15th day of October, 1971 the defendants, their servants and agents trespassed into the said "OLIEHI" land, …

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