JOHN I. OGBU V. BEST WOKOMA
(2005) JELR 45168 (SC)
Supreme Court
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SC.48/2001
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8 Jul 2005
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Nigeria
Coram
MUHAMMADU LAWAL UWAIS JSC;
SALIHU MODIBBO ALFA BELGORE JSC;
AKINTOLA OLUFEMI EJIWUNMI JSC;
DAHIRU MUSDAPHER JSC;
SUNDAY AKINOLA AKINTAN JSC;
Appearances
E. C. Onumajuru, Esq. (with him, C. P. S. Maduka, Esq. and T. I. Nwofor [Mrs.]) For Appellant
E. A. Amadi, Esq. For Respondent
Judgement
<p>AKINTAN, J.S.C. (Delivering the Leading Judgment): The appellant as plaintiff commenced this action at Port Harcourt High Court in 1982 as suit No. PHC/272/82 against the respondent as defendant. The claim was in respect of a dispute arising over the ownership of a house at 185 Ikwerre Road, Port Harcourt. The action was instituted by the appellant through his attorney, Nnanna Oji Ogbu, the administrator of the estate of Oji Ogbu (deceased). </p><p> The plaintiff's claim as set out in paragraph 9 of the amended statement of claim is as follows:</p><p> "(a) N100, 000 special and general damages for the trespass committed by the defendant to the plaintiff's premises situated at No. 185 1kwerre Road, Port Harcourt in September, 1982</p><p> (b) An account of all rents collected by the defendant from tenants of the said premises and payment over to the plaintiff of any amount found due. </p><p> Perpetual injunction restraining the defendant either by himself, his servants and/or agents from committing any further act…</p>