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PETER OKONKWO & ORS. V. BERNARD OKONKWO & ORS.

(2010) JELR 34558 (SC)

Supreme Court  •  SC.296/2003  •  11 Jun 2010  •  Nigeria

Coram
DAHIRU MUSDAPHER JSC WALTER SAMUEL NKANU ONNOGHEN JSC FRANCIS FEDODE TABAI JSC IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC

Judgement

FRANCIS FEDODE TABAI, J.S.C: (Delivering the Leading Judgment): This action was commenced at the Onitsha Judicial Division of the High Court of Anambra State by a writ of summons dated the 26th of April, 1989 and filed on the 2nd of May, 1989. The Plaintiffs were the Respondents at the Court below and also the Respondents herein. The Appellants who were also the Appellants at the court below were the Defendants. In paragraph 36 of the Amended statement of claim the Plaintiffs/Respondents claimed against the Defendants/Appellants as follows:-

1. A declaration that the Plaintiffs are entitled to the grant of Customary Right of Occupancy in respect of the piece or parcel of land known as and called "NKPU Ocha Owelle land"' which is situate in Ire village Umuoji, the annual rental value of which is about N50.00 (fifty naira) only.

2. N2,000.00 (two thousand naira) only general damages for trespass on the said land.

3. Perpetual injunction restraining the Defendants, their servants, gents…

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