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GODFREY IFEDIORA & ORS v. EUGENE OKAFOR & ORS

(2019) JELR 87211 (SC)

Supreme Court  •  SC.166/2010  •  12 Jul 2019  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; JOHN INYANG OKORO JSC; PAUL ADAMU GALUMJE JSC; UWANI MUSA ABBA AJI JSC;

Judgement

JOHN INYANG OKORO, J.S.C. (Delivering the Leading Judgment):The Respondents as plaintiffs sued the Appellants in Oba Customary Court of Anambra State for a declaration of title to the disputed land and perpetual injunction to restrain the first and second Defendants/Appellants from further trespassing on the land.

The suit was initiated on the 15th of April, 1996. The Plaintiffs/Respondents' case in the customary Court was that the land in dispute is in Umuogbu Umuogali village, Oba and originally belonged to their grandfather, Mgbeafulukwe. The land was inherited by their fathers and subsequently by them. Their grandfathers Anaso Mgbeafulukwe and Okafor Mgbeafulukwe gave the land part of which is now in dispute to one Ezeukwu, the father of Sampson Ezeukwu of Umuogbu, Umuogali village, Oba for farming purposes only. Sampson Ezeukwu gave portions of the land to his brothers and also to the father of the 1st defendant/appellant for cultivation. When the father of the 1st defendant/appel…

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