OKECHUKWU NATHAN V. FREDERICK OKAFOR

TAYLOR, F.J (Delivering the Judgment of the Court)

The plaintiffs/appellants took out a summons in the Mbamisi Native Court, Awka Division, in Eastern Nigeria, claiming the following:-

(a)Declaration of title to the land at Oko occupied by the C.M.S. since 1916 into which the defendants have trespassed.

(b)Damages for trespass committed by the defendants by farming and building on the said land, destroying crops in C.M.S. School farm assessed at £100.

(c)Injunction to stop the defendants, their agents, or servants, from further acts of trespass on the said land or to any C.M.S. land in Oko. Dispute arose about six months ago.

The suit was, on the 21st July, 1955, transferred to the High Court, then the Supreme Court, by the District Officer of that Division. The learned trial Judge, after hearing evidence adduced by both sides dismissed the plaintiffs’ case with costs in favour of the defendants.

At the hearing of the appeal, Mr. Umezinwa, the appellants’ Counsel, abandoned the original gro…