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DR. DAVID CHUKWUEMEKA OBIEFUNA OKOYE & ANOR. V. CHRISTOPHER OBIASO & ORS

(2010) JELR 43027 (SC)

Supreme Court  •  SC.232/2003  •  5 Mar 2010  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; OLUFUNLOLA OYELOLA ADEKEYE JSC;

Appearances
1. A. I. ANI ESQ.2. T. MADUKA ESQ. For Appellant 1. G. E. EZEUKO JNR2. O.B MBANISI (MRS) For Respondent

Judgement

W. S. N. ONNOGHEN, JSC: (Delivering the Leading Judgment): The appellants were plaintiffs at the High Court of Anambra State,holden at Onitsha in Suit No. 0/40/76 in which they claimed the following reliefs against the respondents who were then the defendants:"(a) A declaration that the plaintiffs are entitled to customary right of occupancy of the land hereinbefore described as the land in dispute, the annual valued of which is N40.00

(b) An order of court for the 1st and 2nd defendants to accept the redemption fee paid by them to the said pledged land delineated on the plaintiffs. Plan No. NG/AN 180/99 and therein hatched blue.

(c) An order of court for forfeiture against the 2nd, 3rd and 4th defendants in respect of the areas on customary tribute hatched red on the plaintiffs' plan.

(d) N400.00 General Damages for trespass and wanton destruction of the plaintiffs' economic crops on the land in dispute outside the area pledged to the 1st and 2nd defendants as aforesaid.

(e) Perpetua…

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