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EKWENUGO OKUGO & ORS. V. NWEKE NWOKEDI & ORS.

(1997) JELR 48024 (CA)

Court of Appeal  •  CA/E/134/94  •  18 Jun 1997  •  Nigeria

Coram
OKAY ACHIKE JCA; AKINTOLA OLUFEMI EJIWUNMI JCA; NIKI TOBI JCA;

Judgement

EJIWUNMI, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of Amaizu J in suit No. OT/25/89 wherein the plaintiffs commenced this proceedings against the defendants jointly and severally for the sum of N20,000.00 as general damages for the defendants' trespass to the plaintiffs' land known and called Achutu in the possession of the plaintiffs and for an injunction restraining the defendants, their servants or agents from further trespass to the said land. Pleadings were subsequently ordered and exchanged.

By the pleadings so filed the plaintiffs and the defendants joined issue on several paragraphs of their respective pleadings on the traditional evidence of ownership and possession of the disputed land. In order to identify how they joined issues in that regard, the relevant paragraphs of their pleadings would be reproduced. But before then it is clear from the pleadings that though the defendants have denied in paragraph 3 of their statement of defence tha…

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