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Aniemeka Emegokwue v. James Okadigbo

(1973) JELR 36883 (SC)

Supreme Court  •  SC.302/1971  •  19 Apr 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In this case, the plaintiff, now respondent, claimed against the defendant, now appellant, in the Onitsha High Court recovery of possession of a piece of land in Ogbeabu in "Onitsha Inland Town." He also claimed the sum of 100 pounds as damages for trespass and asked for an injunction to restrain the defendant, his servants or agents from continuing to build a concrete building which he had started on the said land.

In his statement of claim the plaintiff averred that both parties, who are members of the Umudei family of Ogbeabu, are also descendants of a common ancestor named Dei. With respect to the land in dispute he averred in paragraph 3 of his statement of claim as follows:

"3. The plaintiff was given a piece or parcel of land in Ogbeabu, Onitsha Inland Town by the said Umudei family of Ogbeabu and has been in possession of the said piece or parcel of land for many years. The said piece or parcel of land is more parti…

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