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P.N. UDOH TRADING CO. LTD. V. SUNDAY ABERE & ANOR

(2001) JELR 44267 (SC)

Supreme Court  •  SC.13/1997  •  18 May 2001  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UMARU ATU KALGO JSC;

Appearances
Chief U.N. Udechukwu, SAN (with him, T.O.S. Okolo Esq.)-for the Appellants For Appellant Okiemute Mudiaga Odje, Esq. (with him, S.A. Abere Esq. and Abdulmumuni Hanafi) - for the 1st RespondentA. A. Cookey-Gam (Mrs) Attorney-General of Rivers State (with her A.I. Chikere (Mrs) Director of Civil Litigations, Ministry of Justice, Rivers State) - for the 2nd Respondent. For Respondent

Judgement

KALGO, JSC (DELIVERING THE LEADING JUDGMENT): The appellant who was the plaintiff at the trial court (Rivers State High Court, Port Harcourt) claimed against the respondents jointly and severally the following reliefs:

1. A declaration that the reacquisition by the Government of the Rivers State of Nigeria of which the 2nd defendant is the legal Representative, and resale to the 1st defendant of the plaintiff's property known as plot 3 within Station Road Layout otherwise and called Number 3 Station Road, Port Harcourt the subject-matter of the Deed dated the 8th day of September, 1958 and registered as No. 56 at page 56 in volume 181 of the Deeds Registry in the office at Enugu flow at Port Harcourt is illegal, null and void and of no effect whatsoever.

2. ₦100,000.00 (One hundred thousand Naira) damages for trespass in that in March 1986 and all diverse other dates, the defendants by themselves, their servants and/or agents forcibly broke and entered the plaintiff's said property call…

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