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SILIAS OKOYE & ORS V. Chief AGBOGBUA KPAJIE & ORS

(1972) JELR 37887 (SC)

Supreme Court  •  SC.570/1965  •  16 Jun 1972  •  Nigeria

Coram
GEORGE B. AYODOLA COKER JSC; ATANDA FATAYI-WILLIAMS JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of Kaine, J., in which he awarded 5 pounds damages for trespass and injunction against the appellants.

The plaintiffs averred in their statement of claim as follows; that they have been living and farming on the land as owners of the land in dispute; that they have several dwelling houses on the land as well as some juju shrines; that in the exercise of their right of ownership they had let out certain portions of the land in dispute to tenants; that there had been several court cases between the parties between 1921 and 1961 and these confirmed their (Plaintiffs) ownership of the land; that the defendants trespassed on the land in 1955 and damaged some of the plaintiffs' property on the land as a result of which suit No. 0/12/57 was brought against the Umusiome people (defendants in this case) and twelve others in the Onitsha High Court and judgment was entered against the Umusiome and tw…

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