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Michael Ogo Ibeziako v. Nwagbogu & Anor.

(1972) JELR 33320 (SC)

Supreme Court  •  SC.514/1965  •  16 Jun 1972  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The proceedings herein originated in the Onitsha Native Court as Suit No. 649/55 in which the present respondents, as plaintiffs, had sued the present appellant as defendant for:-

"1. Declaration of title to the piece or parcel of land known as and called Iyiukwu situate in Onitsha Township and bounded on the North by Ogboza land occupied by Q.R.C., on the East by Ogboli land, on the West by Oguta Road and on the South by land of Otimili of Obikporo. Plan of land to be filed in court. Value of land 400pounds.

2. 150pounds damages for trespass to the said land.

3. Recovery of possession of the said land.

4. Injunction to restrain the defendant and or his agents or servants from entering on the said land and building thereon or interfering in any way with the plaintiffs' possession and ownership dispute arose since 3 months."

On the 7th November, 1955, and by virtue of powers conferred on him in that behalf by section 28(1) …

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