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MICHAEL IFEANYI OJIBAH V. UBAKA OJIBAH

(1991) JELR 42036 (SC)

Supreme Court  •  SC.128/1988  •  28 Jun 1991  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC ADOLPHUS GODWIN KARIBI-WHYTE JSC SALIHU MODIBBO ALFA BELGORE JSC PHILLIP NNAEMEKA-AGU JSC ABUBAKAR BASHIR WALI JSC

Judgement


P. NNAEMEKA-AGU, J.S.C. (Delivering the Leading Judgment): This is a further appeal by the plaintiff against the judgment of the Court of Appeal, Enugu Division, coram Ikwechegh Katsina-Alu and Macaulay, JJ.C.A. which had dismissed an appeal against the judgment of F. O. Nwokedi, J., sitting in an Onitsha High Court.

In the High Court, the plaintiff had claimed for a declaration that he was entitled to a statutory right of occupancy over the piece or parcel of land situated at Ogbeodogwu village, Onitsha (hereinafter called the land in dispute), ₦1,000.00 damages for trespass and perpetual injunction restraining the defendant, his servants and agents from any further trespass to the land.

The Plaintiff's case was that the land in dispute was given to him by his late father, Mr. Francis U. Ojibah, in his life time, in appreciation of his brilliant academic performance. In paragraphs 6 and 9 of the statement of claim he averred as follows:

"6. In 1956 when the plaintiff was proceeding …

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