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OKOLIE OKOLO & ORS V. SAMMY ONWUEGBUZIA NNWAMU & ORS

(1973) JELR 41359 (SC)

Supreme Court  •  SC.168/70  •  23 Feb 1973  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC; DANIEL O. IBEKWE JSC; AYO GABRIEL IRIKEFE JSC;

Appearances
Chief F.R.A. Williams For Appellant Mr P.O. Balonwu For Respondent

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The plaintiffs have appealed against the judgment of Arthur Prest, J. (High Court, Agbor, Mid-Western State) by which he had dismissed with costs their claims for a declaration of title to certain lands in the State; damages for trespass to the lands and an injunction. The plaintiffs are representatives of the people of Umuoje Quarters of Asaba and had taken out the action in such representative capacity "for themselves and on behalf of the people of Umuoje, Asaba". The defendants, who are the respondents before us, are representatives of the people of Umuda Quarters of Asaba and were sued and are defending this action in such representative capacity "for themselves and on behalf of the people of Umuda, Asaba". The subject matter of the dispute is land which the plaintiffs call Ilo-Ugwule but which the defendants call Odogwu-Apiti and Abo land. The pleadings of the parties aver that both the plaintiffs and the defendants have d…

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