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LUKE OKORO & ORS V. HILARY EGBUOH & ORS

(2006) JELR 37380 (SC)

Supreme Court  •  SC.395/2001  •  30 Jun 2006  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; UMARU ATU KALGO JSC; NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC;

Judgement

OGUNTADE, J.S.C. (Delivering the Leading Judgment): The respondents were the plaintiffs at the Okigwe High Court of Imo State where as the representatives of the citizens of Umuduruiheoma/ Ofenkoro village, Okwelle, they claimed against the appellants as the defendants (representing the citizens of Ojiowere village, Okwene) the following:

"1. A declaration that the plaintiffs are the owners in possession of the piece and parcel of land known as 'ALA OBI' situate at Umuduru iheoma village, Okwene within jurisdiction.

2. N10,000,000.00 (Ten million naira) general damages for trespass committed by the defendants on or about 20th April, 1995.

3. An order of this Honourable Court that the defendants return to the plaintiffs, twenty pick-up loads of plaintiffs' cassava tubers the defendants forcefully harvested and carted away from the said land.

4. Perpetual injunction restraining the defenants, their agents, servants and privies from further trespass in the said land."

The parties filed a…

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