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OKPALA EZEOKONKWO LINUS EZEOKONKWO GILBERT EZEOKONKWO (For themselves and on behalf of Umu Muora family of Aguluezechukwu) V. NWAFOR OKEKE EKEMEZIE NKWONWE DAMIAN ORAENYEM (For themselves and on behalf of Umu Ohuekwe family in Aguluezechukwu)

(2002) JELR 54291 (SC)

Supreme Court  •  SC.59/1996  •  3 May 2002  •  Nigeria

Coram
MICHAEL EKUNDAYO OGUNDARE, JSC (Presided) UTHMAN MOHAMMED, JSC ANTHONY IKECHUKWU IGUH, JSC (Read the Lead Judgment) AKINTOLA OLUFEMI EJIWUNMI, JSC EMMANUEL OLAYINKA AYOOLA, JSC

Judgement

IGUH, JSC (Delivering the Lead Judgment): By a writ of summonsissued on the 15th day of August, 1973, at the High Court of Justice of the now defunct East Central State of Nigeria, Amawbia/Awka Judicial Division, the plaintiffs, for themselves and on behalf of the Umu Muora family of Eziagu village, Aguluezechukwu instituted an action against the defendants jointly and severally, for themselves and on behalf of the UmuOhuekwe family of Eziagu, Aguluezechukwu claiming as follows:- “(1) Declaration of title to all that piece of land called “Ani Owele” situate in Aguluezechukwu.

N100.00 damages for trespass.

Injunction restraining the defendants, their servants, and/or agents from further trespass on the plaintiffs’ “Ana Owele” land.” Pleadings were ordered in the suit and were duly settled, filed and exchanged.

The case accordingly proceeded to trial and the parties testified on their own behalf and called witnesses. Each side led evidence which showedthat it relied on traditional histor…

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