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NDUKWE OKAFOR & ORS V. AGWU OBIWO & ANOR

(1978) JELR 48824 (SC)

Supreme Court  •  SC.387/1974  •  26 Oct 1978  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Judgement

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): Judgment was on the 30th day of March, 1965 given in the proceedings which started as HU/10/62, in favour of the plaintiffs (the respondents herein) against the defendants (the appellants herein) by the High Court of the former Eastern Nigeria (now, Imo State of Nigeria) holden at Umuahia (Allagoa, J., (as he then was) for:

(1) a declaration of title to parcel of land known as "Ubakwu Ukpo" lying and situate in Abriba, (in the then Bendel Division) and which parcel of land is shown delineated and verged yellow on Plan No. ESP/1296 (LD) - Exhibit 'A' in these proceedings;

(2) 125 Pounds (i.e. N250) as special damages and 100 Pounds (i.e. N200) as general damages for trespass; and

(3) a perpetual injunction restraining the defendants their servants and/or their agents from further trespassing on the land, "Ubakwu Ukpo."

The respondents herein claimed from the High Court aforesaid against the appellants herein orders for declaration of…

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