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CHRISTIAN EWO & ORS. V. OGBODO ANI & ORS.

(2004) JELR 45003 (SC)

Supreme Court  •  SC.62/1997  •  30 Jan 2004  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; ALOYSIUS IYORGYER KASTINA-ALU JSC; UMARU ATU KALGO JSC; SAMSON ODEMWINGIE UWAIFO JSC; DENNIS ONYEJIFE EDOZIE JSC;

Appearances
Dr. G. C. Oguagha For Appellant F. Chukwuemeka Ofodile For Respondent

Judgement
<p>KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Enugu High Court, the plaintiffs in paragraph 19 of their statement of claim, claim against the defendants jointly and severally as follows - </p><p> 1. Declaration of title of communal ownership by plaintiffs and 1st - 15th defendants of all that piece and parcel of land known as and called &quot;IDUNE&quot; situate in UGWUAJI, AWKUNANAW, NKANU DIVISION, more clearly shown and delineated in the plaintiffs&#x27; plan No. E/GAO/1170 of 28/8170 attached herewith. </p><p> 2. E150 (one hundred and fifty pounds) general damages for trespass committed by the defendants on the said land. </p><p> 3. A PERPETUAL INJUNCTION restraining the defendants, their servants and/or agents from entering the land in dispute and in any manner whatsoever interfering with the said land without the prior consent of the plaintiffs.&quot;</p><p> The defendants in paragraphs 15 and 16 of their amended statement of defence averred thus: </p><p> &quot;15. The plaintiffs are not entitled as claimed in paragraph 19(1),…</p>

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