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NWOBODO EZEUDU & ORS. V. ISAAC OBIAGWU

(1986) JELR 42662 (SC)

Supreme Court  •  SC.265/1984  •  7 Mar 1986  •  Nigeria

Coram
ANTHONY NNAEMEZIE ANIAGOLU JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

KAWU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal. Enugu Division, which dismissed the appellants' appeal against the judgment of the High Court of Imo State, which was delivered in Suit No.HOR/53/74, on the 11th day of August, 1984. In the High Court the respondent herein, as plaintiff, instituted an action against the 1st appellant personally, claiming as follows:-

"(a) Declaration of title to a piece of land called 'IHU EBO' annual value $5 situate at Akwu Akokwa Orlu and more particularly shown on the plan to be filed in Court.

(b) An injunction restraining the defendant his servants and agents from entering the said land and committing wanton waste or therein acting in any manner in violation of the plaintiff's ownership and possession."

After the respondent had filed his Statement of Claim and the plan of the land in dispute, the 1st appellant filed a motion praying that the 2nd and 3rd appellants be joined as co-defenda…

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