IKECHI OLUE & ORS V. OBI ENENWALI & ORS

NASIR, J.S.C. (Delivering the Leading Judgment): This is an appeal from the order dated the 12th November, 1973 made by Aghoghovbia J. sitting at Agbor High Court. The facts, as far as relevant to this appeal are not in dispute. The Plaintiffs/Appellants claimed from the Defendants/Respondents in case No. W/20/55, at the old Supreme Court sitting in Warri, for declaration of title, damages and injunction in respect of an area of land known as "Ofia Enugu". During the trial of the said case before Onyeama J. (as he then was), the parties agreed to settle the dispute amicably. Onyeama J. then gave a decision according to the terms of the settlement on 20th June, 1956. The agreed terms were signed by the solicitors of both parties and by the learned trial judge. The most important provision in the settlement agreement was the demarcation of the boundary line between the lands of the Plaintiffs and of the Defendants.

This boundary was clearly marked on Plan No. GA/311/55 filed by the Plai…