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GODWIN C. ONOVO & ORS v. FERDINAND MBA & ORS

(2014) JELR 36657 (SC)

Supreme Court  •  SC.102/1990  •  6 Jun 2014  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMED JSC; MUHAMMAD S. MUNTAKA-COOMASSIE JSC; NWALI SYLVESTER NGWUTA JSC; OLUKAYODE ARIWOOLA JSC; CLARA BATA OGUNBIYI JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The appeal by the plaintiffs/appellants is against the judgment of the Court of Appeal delivered on 13th June, 1989. The appellants were the plaintiffs before the Enugu High Court and on their statement of claim at paragraph 23 claimed against the defendants as follows:-

"(a) A declaration of title to a customary right of occupancy of the said piece or parcel of land situate at Obeagu Ugbawka and called 'Akpa land' which land is more particularly delineated in the plan attached thereto.

(b) N500 General Damages for Trespass.

(c) A perpetual injunction restraining the defendants their servants or their agents from entering the land in dispute and in any manner whatsoever interfering with the said land without the prior consent of the plaintiffs."

The case of the plaintiff who sued for themselves and on behalf of Umuenwezette Quarter of Obeagu, Ugbawka, was that the land in dispute had belonged to them from time immemorial; …

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