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IHEAGUTA U. NWAGWU & ANOR. V OHAZURIKE OKONKWO & ORS.

(1987) JELR 42728 (SC)

Supreme Court  •  SC.133/1985  •  3 Jul 1987  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; AUGUSTINE NNAMANI JSC; MUHAMMADU LAWAL UWAIS JSC; BOOYAMIN OLADIRAN KAZEEM JSC; SAIDU KAWU JSC;

Appearances
G.A. Graham-Douglas For Appellant A.B.C. Iketuonye (SAN) with F.N. Iketuonye For Respondent

Judgement

KAZEEM, J.S.C: (Delivering the Leading Judgment): In this appeal, the Appellants who were the Plaintiffs at the trial, sued the Respondents as Defendants for the following claims:-

"(a) Declaration of title to all that piece or parcel of land known as and called OKPULO NWAGWU verged green in the plaintiffs plan No. E/GA1005/74 filed with this statement of claim and situate at Otulu Ahiara in Mbaise in the Owerri Judicial Division with annual value of N10.

(b) Order of the court that defendants accept the redemption money of N10. (ten naira) from the plaintiffs in respect of the said Okpulo Nwagwu.

(c) Order of the court giving possession of the said Okpulo Nwagwu to the plaintiffs.

(d) Perpetual injunction restraining the defendants, their agents, servants and/ or workmen from further entry upon the said piece of land."

Judging from the pleadings and the evidence adduced on both sides the whole matter appears to have arisen from an incident which occurred over a Century ago before the…

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