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EDIO EKRETSU & ANOR. V. MILLER OYOBEBERE & ORS.

(1992) JELR 45337 (SC)

Supreme Court  •  SC.24/1991  •  18 Dec 1992  •  Nigeria

Coram
SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): In a writ of summons issued on 20/10/76 at the High Court of the then Bendel State of Nigeria holden at Ugheli, Ekio, Ekretsu and Evru Onorovwie for themselves and as representing Unuaro family of Uwheru sued one Miller Oyebebere claiming the following reliefs:

"1. The sum of N2,000.00 (two thousand naira) being damages for trespass committed by the defendant on plaintiffs' land situate at Okpunoho land, Uwheru, within the jurisdiction of this Honourable Court on 14th August, 1976 wherein the defendant by himself, his servants and his agents without the plaintiffs' consent first obtained, broke and entered into the plaintiffs' land and started digging a building foundation on plaintiffs land.

2. An order of perpetual injunction restraining the defendant as agents and/or servants from continuing these acts of trespass complained of."

After filing the plaintiffs' statement of claim but before the statement of defence was filed, …

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