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ETOWA ENANG & ORS V. FIDELIS IKOR ADU

(1981) JELR 42176 (SC)

Supreme Court  •  SC.64/1980  •  13 Nov 1981  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Judgement

A. NNAMANI, J.S.C. (Delivering the Leading Judgment): In February, 1970, the plaintiffs/respondents (hereinafter known as the respondents), filed a suit in the Calabar High Court claiming against the defendants/appellants (hereinafter known as the appellants) as follows:-

"1. Declaration of title to those pieces or parcels of lands known as and called "Mgbudu", "Lebei", "Ipenele" situate in Adadama in Obubra Division. The said pieces or parcels of lands in dispute will be completely described and delineated in a plan to be filed with the Statement of Claim.

2. 200 (Two Hundred Pounds) damages for Trespass to the said lands.

3. Injunction to restrain the defendants, and/or their servants and/or agents from further trespassing into the said lands and/or leasing the said lands to any tenants."

Pleadings were ordered, duly filed and delivered. Both parties also filed plans of the lands in dispute which plans were received in evidence in the trial court. The plans indicated that there was…

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