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WILFRED OKPALOKA & ORS V. BEN UMEH & ANOR

(1976) JELR 42472 (SC)

Supreme Court  •  SC.69/1975  •  15 Oct 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; CHUKWUNWEIKE IDIGBE JSC; ANDREWS OTUTU OBASEKI JSC;

Appearances
C.R.I. Egonu (with him, A.N. Anyamene) For Appellant Chief F.R.A. Williams, (with him, G.N.A. Okafor and T.A. Makanju) For Respondent

Judgement

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): The plaintiffs/appellants instituted this action in the High Court of Justice of the East Central State holding at Awka claiming:

1. 2,000(pounds) special and general damages for trespass to their land known as Ofia Iyi Uga, whereof 1,050(pounds) -special damages and 950(pounds) - general damages.

2.Injunction to restrain the defendants, their agent and/or servants from further crossing the established boundary and interfering with the land in dispute.

3.An order of the court that the damaged and/or the missing beacons marking out the boundary be replaced."

Pleadings were ordered and duly delivered.

After hearing evidence, Aseme, J., the learned trial Judge gave a considered judgment in which he dismissed the claim in its entirety finding as follows:-

"I find as a fact that the occupation of the land by the defendants and the various acts done thereon by them have been over a considerable number of years before this action w…

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