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SYLVANUS ODIFE & ANOR. V. GEOFREY ANIEMEKA & ORS.

(1992) JELR 43163 (SC)

Supreme Court  •  SC.236/1988  •  24 Jul 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC;

Appearances
E.O. Ekpo (with him, C.I. Onyiuke (miss) For Appellant G.R.I. Egonu, S.A.N. (with him B.R. Fashola) For Respondent

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The plaintiffs brought an action in the High Court of the then East Central State, Onitsha Judicial Division against the defendant claiming the following reliefs:-

"1. Declaration of title to the said Odoachala land.

2. 200.00 damages for trespass.

3. An Injunction to restrain the defendants, their servants and agents from any further act of trespass on the said land."

The plaintiffs brought the action for themselves and on behalf of the people and elders of Isienyinato Ochana, Isinyi, Nando. The defendants were sued for themselves and on behalf of Umuakiasi Ochana, Isinyi Nando.

The plaintiffs in paragraph 2 of their amended statement of claim averred that the defendants are people of Umu-Akiasi or Umuchaa Ochana Isinyi Nando in Anambra division and that they are strangers from Achanna in Awka Division.

In paragraph 3 of the said amended Statement of Claim, the plaintiffs averred:-

"The town Nando has three quarters who are…

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