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SUNDAY UKWU EZE & ORS V. GILBERT ATASIE & ORS.

(2000) JELR 44167 (SC)

Supreme Court  •  SC.140/1995  •  16 Jun 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Port Harcourt Division given on 8th June, 1993. The plaintiffs as members of Umuololo family in Ogwe village of Ukwa Division instituted this action in a representative capacity at the High Court, Aba on 9th December, 1976. They sought three reliefs against the defendants, namely (1) a declaration of title to a piece of land they call Uzo Egbelu Ogwe made up of three portions of land known as Akami, Ogbaku and Ugiri Egbede-Iyi Ekwe; (2) general damages of N2,000.00 for trespass; and (3) perpetual injunction. After a full hearing, the learned trial Judge gave a considered judgment on 26th March, 1985 in which he declared the plaintiffs entitled to the customary right of occupancy of the piece of land, awarded N500.00 as general damages and ordered perpetual injunction against the defendants.

The defendants raised a number of issues in their appeal to the Court of Appeal against t…

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