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OKOSUN EPI & ANOR v. JOHNNY AIGBEDION

(1972) JELR 33027 (SC)

Supreme Court  •  SC.12/1970  •  20 Oct 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgement): In the High Court, Ubiaja, in the Mid-Western State, the plaintiff had instituted an action against the present appellants who were the defendants claiming, according to the endorsement in his writ of summons:-

"1. A declaration of title to a piece or parcel of land in Ivbore of Irrua town within the Ubiaja Judicial Division situate and lying between the landed property of the plaintiff and one Okhae Okoh all of Ivbore which said piece of land shall be properly described and delineated in PINK on a plan to be filed later in these proceedings.

2. 100ponds damages for trespass in that on or about the month of November, 1966, the defendants broke into and entered the said piece of land in peaceable possession of the plaintiff and without his consent or authority cleared the said piece of land, cut down a number of economic crops, the property of the plaintiff, moulded and packed cement blocks on the land with a view to sett…

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