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KALU NJOKU & ORS V UKWU EME & ORS

(1973) JELR 48401 (SC)

Supreme Court  •  SC.154/1967  •  18 May 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; DANIEL O. IBEKWE JSC;

Appearances
MR. Chike Ofodile For Appellant Mr. A. K. Uche For Respondent

Judgement

DAN IBEKWE, AG. J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of Allagoa, J., in Suit No. HU/96/61 delivered on 30th November, 1966 at the Umuahia High Court, dismissing the claims of the plaintiffs, herein appellants. The writ of summons is endorsed as follows:-

1. The Plaintiff's claim against the Defendants is for:

(a) Declaration of title to the parcels or pieces of land known as and called "Orua Ndi Uke" (including Abo Ukwu land) "Iyi Arunsi" (hereinafter called the said land) situate in Amangwu Ohafia, Bende Division, Owerri Province. The annual rent value is 5pounds.

(b) An injunction to restrain the Defendants, their heirs, agents and servants from further unauthorised entry upon the said land.

(c) 20pounds damages for trespass upon the said land.

It will be seen from the above claim that the land which forms the subject matter of the dispute is comprised of three parcels of land known as "Orua Ndi Uke:, "Abo Ukwu" and "Iyi Arunsi", situate in…

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