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CHIEF N. T. OKOKO v. MARK DAKOLO

(2006) JELR 37707 (SC)

Supreme Court  •  SC.409/2001  •  14 Jul 2006  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; ALOMA MARIAM MUKHTAR JSC;

Judgement

ONU, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Port Harcourt Division presided over by Ogebe, JCA. Judgment was entered for the plaintiff, now appellant in the High Court for declaration of title, damages for trespass and injunction on 28th August, 1992. Being dissatisfied, the defendant now respondent, appealed to the Court of Appeal sitting at Port Harcourt before which he filed a total of seven grounds of appeal. In the judgment earlier delivered by the High Court, a lake within the land in dispute was awarded to the defendant who did not counterclaim. On that basis, the plaintiff filed a cross-appeal challenging that part of the judgment. Briefs of argument were later filed and exchanged including a respondent's cross-appeal. In its considered judgment earlier referred to, the court below, allowed the appeal, set aside the decision of the High Court and dismissed the claim. The cross-appeal was also dismissed with costs a…

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