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PRINCE NGENE V. CHIKE IGBO & ANOR

(2000) JELR 44169 (SC)

Supreme Court  •  SC.153/1992  •  18 Feb 2000  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

OGUNDARE, J.S.C. (Delivering the Leading judgment). By a writ of Summons issued in November, 1977, Chinyelugo Sylvester Omenagu Igbo sued Prince Ngene, now Appellant before us, claiming declaration of title to a piece or parcel of land known as and called "Onuagu" in Ogui Urban Area of Enugu, N5,000.00 general damages for trespass and an Injunction. Pleadings having been filed and exchanged and by leave of Court amended, the case proceeded to trial before P.K.Nwokedi J.(as he then was) at the conclusion of which the learned trial Judge found for the plaintiff Chinyelugo S.O. Igbo in trespass and Injunction but dismissed his claim for title. He awarded to the plaintiff N2,680.00 special and general damages for trespass committed by the defendant on the said land and an injunction restraining the defendant. his servants etc. from committing further acts of trespass on the said land which is delineated on the Plan No. 1513/77 tiled along with the Statement of Claim.

The defendant was dis…

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