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CHIEF IGBOAMA EZEKWESILI & ORS. V. CHIEF BENIAH AGBAPUONWU & ORS

(2003) JELR 46842 (SC)

Supreme Court  •  SC.108/1998  •  11 Apr 2003  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; DAHIRU MUSDAPHER JSC;

Judgement

D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Enugu, delivered on the 20/1/1998 dismissing the appellants' appeal against the judgment of High Court of Anambra State presided over by Amaizu J, (as he then was) on the 27/10/1994. Before the High Court, the respondents herein as the plaintiffs in representative capacity claimed against the defendants, the appellants herein also in representative capacity, the following reliefs:

"(a) Declaration of title to, and possession of the land known and called "OKPONO AZU" being and situate at Ogbunike town in Anambra Division and shown on Survey Plan No. MEC/66/73 filed by the plaintiffs and thereon verged pink.

(b) N600.00 (Six Hundred Naira) or 300 Pounds (Three Hundred Pounds) damages for trespass committed by the defendants on the plaintiffs said Okpuno Azu land.

(c) Perpetual injunction restraining the defendants, their servants, agents, successors and assigns from con…

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