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(2019) JELR 87052 (SC)

Supreme Court  •  SC.249/2009  •  25 Jan 2019  •  Nigeria

WALTER SAMUEL NKANU ONNOGHEN..... Justice, Supreme Court MUSA DATTIJO MUHAMMAD..... Justice, Supreme Court KUMAI BAYANG AKA'AHS..... Justice, Supreme Court JOHN INYANG OKORO..... Justice, Supreme Court CHIMA CENTUS NWEZE..... Justice, Supreme Court


CHIMA CENTUS NWEZE, J.S.C. (Delivering the Lead Judgment):

The plaintiffs/respondents, in a representative capacity, commenced action against the defendant/appellant, equally, in a representative capacity, in Suit No. A/230/2000. They claimed declaration of customary rights of occupancy, damages for trespass and injunction over the land in dispute referred to as "Agbo Amadim." It was shown verged "Red" in Plan No. SC/ANOO5 LD/2001. It was filed with the Statement of Claim.

On his part, the defendant/appellant, in his Statement of Defence, indicated that the said land was verged "Pink" in Plan No. AA/D 28/2001. Thereafter, the defendant/appellant, by an application on notice, beseeched the trial Court to dismiss or strike out the case as an abuse of process.

?Issues were duly joined in their respective Affidavits, Counter Affidavits and written submissions. The plaintiff/respondent, additionally, filed a Notice of Preliminary Objection challenging the competence of the said application. T…

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