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CHRISTOPHER EMORDI & ORS. V. AKUNNIA RIGHT KWENTOH & ORS

(1996) JELR 43508 (SC)

Supreme Court  •  SC.5/1990  •  13 Feb 1996  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SYLVESTER UMARU ONU JSC;

Appearances
G.M. Nwagbogu, Esq. For Appellant Dr. Ilochi Okafor, SANChijioke Ozoemena. Esq. For Respondent

Judgement

ONU, JSC (Delivering the Leading Judgment): This appeal which turns purely on the facts is a classical example of yet another concurrent findings of facts by the two courts below which commenced its journey by a writ of summons issued at the High Court of Anambra State holden at Onitsha at the instance of the plaintiffs/appellants against the defendants/respondents on 7th October, 1980. It is in respect of a parcel of land which they (plaintiffs/appellants) referred to as Ani Ozala in Onitsha, culminating ultimately in their reliefs couched thereto in paragraph 24 of the Amended Statement of Claim as follows:-

"(a) Whereof the plaintiffs claim from the defendants jointly and severally the sum of ₦50,000.00 as General Damages for trespass.

(b) Injunction to restrain the defendants, their Servants or Agents from trespassing or entering the said land or disturbing the plaintiffs exclusive rights of possession over the said land."

Onwuamaegbu, J. (of blessed memory) after hearing the ev…

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