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Oterail Odadhe v. Otowodo Okujeni & Ors.

(1973) JELR 33789 (SC)

Supreme Court  •  SC.336/69  •  23 Nov 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; DANIEL O. IBEKWE JSC;

Judgement

D. IBEKWE, J.S.C (Delivering the Leading Judgment): In an action instituted in the Ughelli High Court, the plaintiff herein appellant claimed for himself and on behalf of the Imowhe family of Emevor against the 1st and 2nd defendants, 'a3500 damages for trespass on the plaintiff's parcel of land known as Ubiedhor, situate and lying at Ubiedhor village in Isoko District of Urhobo Division. Plaintiff also claimed an injunction to restrain the defendants their servants and agents from entering or in anyway dealing with the said land.

Pleadings were ordered and filed. In the relevant portions of his statement of claim the plaintiff averred as follows:-

"2. The lands in dispute are shown in the plan filed in this action and are part of the land of the IMOWHE family which is verged green in the said plan.

3. The whole of the land verged green in the plan filed in this suit belongs to the IMOWHE FAMILY who have been in possession from time immemorial during which period the plaintiff and his…

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