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EJEMRUVWO OYOVBIARE & ORS. V. TED OMAMURHOMU

(1999) JELR 41572 (SC)

Supreme Court  •  SC.65/1993  •  9 Jul 1999  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; ANTHONY IKECHUKWU IGUH JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellants who were plaintiffs in the trial court instituted the action leading to this appeal against the respondent who was the defendant claiming as follows:

(a) A declaration that as Owners in possession of the land verged pink within the land verged green in Survey plan No. KP704 at Adeje Village, outside an urban area and in whom the land was vested prior to 1978, the plaintiffs continue to be holders in possession of the said land and are the person (sic) entitled to the Customary Right of Occupancy over the land.

(b) The sum of N10,000.00 (ten thousand Naira) being damages for trespass and nuisance committed on the land.

(c) An order of perpetual injunction restraining the defendant from committing any further acts of trespass and nuisance on the said land:'

Pleadings were ordered, filed and exchanged. At the conclusion of that hearing, the learned trial judge Akenzua, J. in a considered judgment dismissed the cla…

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