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.EMOGHERE ONOGITERE & ORS.v. ECHEDIARE ITIETIE & ANOR.

(1972) JELR 41475 (SC)

Supreme Court  •  SC.79/1970  •  26 May 1972  •  Nigeria

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

Judgement

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The present appellants were the defendants before the High Court, Sapele, in an action instituted against them by the respondents as plaintiffs and in which the plaintiffs' writ was endorsed for the following claims:-

"1. A declaration that the title in the parcel of land edged blue in the plaintiffs' plan No. TJM 484 prepared by licensed surveyor Mr. Theophilus John countersigned by the Surveyor-General, Benin City, is vested in the plaintiffs as descendants of Ogun absolutely in accordance with Okpe native law and custom.

2. 300pounds general damages for the trespass committed by the defendants when they entered the land in dispute without plaintiffs consent, removed earth from the land, and destroyed plaintiffs' crops.

3. An injunction to restrain the defendants and their agents from entering the land in dispute without plaintiffs' consent."

Pleadings were filed by the parties and the issues for trial were substantially …

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