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CHRISTOPHER OBUEKE & ORS. v. N. N. NNAMCHI & ORS.

(2012) JELR 33982 (SC)

Supreme Court  •  SC.106/2006  •  4 May 2012  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; IBRAHIM TANKO MUHAMMAD JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC; NWALI SYLVESTER NGWUTA JSC; MARY UKAEGO PETER-ODILI JSC;

Judgement

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal sitting at Enugu delivered on the 29th day of June, 2005 dismissing the appeal of the defendants/appellants and affirming the judgment of the trial court dated 24th June, 1997 in Suit No.E/90/82.

The appellants were the defendants at the trial court, while the respondents were the plaintiffs at the said court claiming that they, as people of Umuaniona family of Amechi Awkunanaw were the owners in title of the parcels of land known as OKWE-EGHE land.

FACTS BRIEFLY STATED

The respondents as plaintiffs at the trial court coram P. K. Nwokedi Honourable Judge (as he then was) per their Amended Statement of Claim dated 7th May 1982 sued the appellants as defendants and sought the following reliefs:-

(a) N20,000 damages for trespass

(b) An injunction restraining the defendants by themselves or through their agents, servants and privies from further occupation and u…

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