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GILBERT ONWUKA & ORS. V. MICHAEL EDIALA & ANOR

(1989) JELR 49545 (SC)

Supreme Court  •  SC.18/1987  •  20 Jan 1989  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABUBAKAR BASHIR WALI JSC; EBENEZER BABASANYA CRAIG JSC;

Appearances
Chief M. I. Ahamba For Appellant Chief I. A. Onyeama For Respondent

Judgement
<p><strong>WALI, J.S.C. (Delivering the Leading Judgment): </strong>In the trial Court the two actions filed by the opposing parties contesting the ownership of the same piece of land, though ascribing to it different names, were consolidated. </p><p> In suit No. HOG/9/85 filed by the plaintiffs for themselves and on behalf of Umuezeafor Kindred of Ohaji/Egbema/Oguta Local Government Area, as per their paragraph 9(a) of their Statement of Claim, the plaintiffs claim the following reliefs against the defendants:- </p><p> &quot;(a) Declaration that the piece of land known and called &quot;NWAOKPEKWE&quot; land annual value N20.00 situate at Obile Ohaji in the Oguta Judicial Division and more particularly shown in plan No.ECIS/1162/81 dated 20th of May, 1981 has been in the customary possession of the plaintiffs who are consequently entitled to customary right of occupancy.</p><p> (b) N500.00 general damages for trespass to the said land.</p><p> (c) Injunction restraining the defendants by themselves, their servants and agents from entering the said…</p>

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