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Chief Daniel Allison Ibuluya & Ors v. Tom Benebo Dikibo & Ors

(1976) JELR 33371 (SC)

Supreme Court  •  SC.14/1974  •  4 Jun 1976  •  Nigeria

Coram
DARNLEY ARTHUR RAYMOND ALEXANDER JSC; GEORGE SODEINDE SOWEMIMO JSC; CHARLES OLUSOJI MADARIKAN JSC;

Judgement

D. A. R. ALEXANDER, C.J.N. (Delivering the Leading Judgment): The plaintiffs, who are the respondents in this appeal, are the representatives of members of the Dikibo House of Okrika, and claimed in the High Court of Rivers State the sum of 1,000pounds (N12,000.00) damages from the defendants who are the appellants in this appeal and the representatives of the Ibuluya House of Okrika, for trespass to land situated at a waterfront in their possession and occupation. The plaintiffs also claimed an order for perpetual injunction to restrain the defendants from further acts of trespass.

Pleadings were filed and delivered. The trial proceeded before Allagoa J. and judgment was duly delivered by him in favour of the plaintiffs who were awarded N1800.00 general damages and granted an order of injunction restraining the defendants from further acts of trespass on the land the subject matter of the action.

The defendants, being dissatisfied with this decision appealed to this Court.

Learned co…

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