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ITUMO ONWE & ORS v. EZE NWAOGBUINYA & ORS

(2001) JELR 44231 (SC)

Supreme Court  •  SC.20/91  •  19 Jan 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; SYLVESTER UMARU ONU JSC; OKAY ACHIKE JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

EJIWUNMI, J.S.C (Delivering the Leading Judgment): This appeal lies from the judgment of the court below in suit No. FCA/E/229/83. In that court the appellants had appealed against the judgment in suit No. AB/28/72, They remained as plaintiffs in the consolidated suit. The defendants in suit No. AB/8/66 were the plaintiffs in suit No. AB/28/72, and they became the defendants when the two suits were consolidated.

In order to appreciate the nature of the action before trial court. it is necessary to refer to the claims of the parties. In suit No. AB/8/66, the reliefs sought are for:-

(a) a declaration of title to the land called Azu Agu at Amechi Ezzamgbo;

(b) damages of 200pounds(N400) for trespass;

(c) perpetual injunction in suit No. AB/28/72, the reliefs sought are also:-

In suit No. AB/28/72, the reliefs sought are also:-

(a) Declaration of title to the plaintiffs' piece and parcel of land called "Agu Azu Uwoga" situated at Umuezeaka village, Ngbo Ishielu Division Abakaliki and o…

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