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A. OKOSUN OKPERE v. EBOADE EHINEBO & ANOR.

(1972) JELR 33869 (SC)

Supreme Court  •  SC.102/1970  •  28 Apr 1972  •  Nigeria

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

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In the Uromi Customary Court in Suit No. 63/68, the plaintiff's claim reads:-

"The plaintiff claims severally and jointly against the defendants:

(1) declaration of title to ownership of a piece of land valued at 370 situate at Ualokpere quarters in Eguare village along Ualokpere-Idumuague Road in Uromi.

(2) Injunction to restrain the defendants and their servants or agents from further trespass to the said land.

(3) 350 as damages for trespass therein."

The plaintiff gave evidence in support of his claim to the following effect. The land in dispute situated at Ualor Okpere, in Eguare, Uromi, was originally owned by one Okpere (now deceased) the father of the plaintiff. During his lifetime, Okpere farmed on the land. Nobody disputed the land with him. After his death the land was divided among his children. This particular portion in dispute was the plaintiff's share. Sometime in 1955, when he returned to his home at Ur…

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