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CHIEF O. N. NSIRIM V. ALERUCHI ETCHESON NSIRIM

(2002) JELR 55229 (SC)

Supreme Court  •  SC. 176/1995  •  8 Feb 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE, JSC (Presided) IDRIS LEGBO KUTIGI, JSC ANTHONY IKECHUKWU IGUH, JSC (Read the Lead Judgment) ALOYSIUS IYORGYER KATSINA-ALU, JSC EMMANUEL OLAYINKA AYOOLA, JSC

Judgement

IGUH, JSC (Delivering the Lead Judgment): By a writ of summons issued on the 22nd day of November, 1985 in the Port Harcourt Judicial Division of the High Court of Justice, Rivers State, the plaintiff, who is now appellant, instituted an action against the defendant now the respondent claiming as follows:- “(1) A declaration that the defendant is the son of Adele Nlerum of Oro-owo in Rumueme and therefore not entitled to any share of properties or any rights over any properties of Akwaka Kpakani, the plaintiff’s great grandfather.

(2) The sum of ₦15,000.00 being damages for trespass committed by the defendant when he broke and entered into Ekwu- Mgbabokwu land inherited by the plaintiff from his great grandfather.

(3) Perpetual injunction restraining the defendant, his servants or agents from further acts of trespass on the said Ekwu- Mgbabokwu or in any way laying claims to any properties or rights deriving from the said plaintiff’s great grandfather - Akwaka Kpakani.”

Pleadings were…

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