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EZEKIEL NNEJI & ORS. V. CHIEF NWANKWO CHUKWU & ORS.

(1996) JELR 49054 (SC)

Supreme Court  •  SC.13/1991  •  20 Dec 1996  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): This is an appeal from the judgment of the Court of Appeal, Enugu Division dated 12th April, 1990. The action was commenced by the appellants and the claim was for;

"(1) N1,000.00 (One Thousand Naira) being damages for trespass.

(2) A perpetual injunction to restrain the defendants, their servants, agents or privies from further acts of trespass on the said land."

The plaintiffs call the land in dispute" ANIAJAMANU" while the defendants call it "Azu Agu". The plaintiffs assert that it belongs to them (i.e. Enugu and Achara families in Amodu Awkunanaw). The defendants who are members of Umueze village in Awkunanaw also assert ownership of the said land. The plaintiffs sued for damages for trespass and injunction. Both parties claim the right to possession by virtue of their respective titles. The issue of competing titles must first be resolved for the law ascribes possession to one of them with a better title. See Umeobi v. Otukoya…

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