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GILBERT T. ESANJUMI SAGAY V. EGBERUO IKPIRI SAJERE & ORS

(2000) JELR 44064 (SC)

Supreme Court  •  SC.80/1994  •  14 Apr 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHTYE JSC; IDRIS LEGBO KUTIGI JSC; UTHMAN MOHAMMED JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

AYOOLA, J.S.C. (Delivering the Leading Judgment): In the High Court of the Bendel State (as it then was) holden at Sapele (now in Delta State), the appellant, (the plaintiff') on behalf of himself and the children of Joseph Esanjunmi Sagay. ("Joseph Sagay") sued the three respondents ("the defendants") for themselves and on behalf of the Amukpe Community claiming damages for trespass and perpetual injunction. The defendants defended the action. The High Court. (Dugbo, J.).after trial of the suit gave judgment for the plaintiff. An injunction was ordered in terms that the defendants for themselves and on behalf of the Amukpe Community, their servants and/or agents are "restrained from disturbing the right of the plaintiff(who represent (sic) the Sagay family) to the use and occupation of the land in dispute as shown on plan No. CS 8/47 dated 5th January, 1981, subject to the usufructuary rights of the Amukpe Community in accordance with the Supreme Court judgment in Suit No. FSCI203/57…

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