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OZO JOHN NWADIOGBU & ORS V. PHILIP NNADOZIE & ORS

(2001) JELR 44273 (SC)

Supreme Court  •  SC.30/1997  •  15 Jun 2001  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; ABUBAKAR BASHIR WALI JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

KATSINA-ALU, J.S.C. (Delivering the Leading Judgment): This appeal is from a judgment of Uyanna J. (as he then was) sitting at Awka in the Awka Judicial Division of the High Court of Anambra State. In that court, the plaintiff claimed against the defendants jointly and severally the following reliefs:

"1. N60,000.00 special and general damages for trespass; and the plaintiff shall rely on receipts dated 5/1/78, 11/11/78 and 20/2/79 and document dated 2/1/78 in proof thereof.

2. Perpetual injunction to restrain the defendants, their servants or agents from further acts of trespass on the said land.

Particulars of Special Damage Cost of building ..... N20,000.00"

At the trial the plaintiff gave evidence as P.W. 3 and called three witnesses. Briefly the case for the plaintiff is that sometime in 1944 when he came home on leave as a soldier during the second world war he bought the land in question in accordance with the customary law of Enugwu-Ukwu from Umugagwo family of Oji village. …

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