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CHIEF ASUQUO OKO & ORS V. CHIEF JAMES NTUKIDEM & ORS

(1993) JELR 43268 (SC)

Supreme Court  •  SC.30/1989  •  12 Feb 1993  •  Nigeria

Coram
SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Appearances
A. Ekong Bassey For Appellant Seyi Sowemimo For Respondent

Judgement

WALI, J.S.C. (Delivering the Leading Judgment): The plaintiffs sued (for themselves and on behalf of Ikot Udo Village), the defendants as representatives of Ikot Ayan Village] for-

(a) a declaration of title to all the two pieces of land known as and called "Ndia Udot Ikot Udo" and "Ndon Ubok Ikot Udo", lying and situate in Ikot Udo within the Uyo Judicial Division of Cross River

(b) N1000.00 damages for trespass; and

(c) Perpetual injunction against the defendants, their servants, privies and agents from further entry into the aforesaid pieces or parcels of land or in any way interfering with the plaintiffs' rights and possession of the said land.

After pleadings were settled, the case proceeded to trial with each side adducing evidence in support of their averments at the end of which the learned trial Judge, Akpabio J. (as he then was) made the following findings:-

"I find from the survey plans tendered by both sides that the land in dispute is just one vast area of undevelope…

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