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ERNEST NZEKWU & ORS. V. MADAM CHRISTIANA NZEKWU & ORS.

(1989) JELR 42925 (SC)

Supreme Court  •  SC.227/1985  •  10 Mar 1989  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; PHILLIP NNAEMEKA-AGU JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
Senator N. N. Anah (with him, V. I. Agenekwu) For Appellant E.K.C. Babayeju For Respondent

Judgement

NNAMANI, JSC (Delivering the Leading Judgment): In this Suit which started at the Onitsha Judicial Division of the High Court of Anambra State as Suit No.0/128/72, the Plaintiff/Respondent claimed against the Defendants/Appellants as follows:-

"1. The Plaintiff claims against the defendants jointly and severally as follows:

(i) Recovery of possession of the piece or parcel of land being and situate at Onitsha and known as and called No.8 Cole Street, in the Urban Division of Onitsha, the annual value of which is about 4 Pounds.

The Defendants have from about February, 1972, unlawfully ejected the Plaintiff from the said piece of land on which the 3rd Defendant is now erecting a building.

(ii) Injunction to restrain the Defendants their servants agents or assigns from interfering with the Plaintiffs enjoyment of the said 8, Cole Street, Onitsha."

Pleadings were ordered, filed and delivered. The brief facts of this case as set down by the learned trial Judge in his judgment were as fol…

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