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TOTAL (NIG.) LTD. & ANOR V. WILFRED NWAKO & ANOR

(1978) JELR 33549 (SC)

Supreme Court  •  SC.131/1976  •  12 May 1978  •  Nigeria

Coram
ATANDA FATAYI WILLIAMS JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC;

Judgement

A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal has raised before us very many important questions of evaluation of the evidence led before the trial Judge, Aseme, J. against whose judgment this appeal has been brought.

The claim before him, sitting at Awka in the Anambra/Awka Judicial Division of the High Court of the East Central State (but now a division of the High Court of Anambra State) was for

"(1) A declaration that the Plaintiffs are the absolute owners in possession free from encumbrances of the parcel of land situate at Abagana within the jurisdiction known as Agu Ekpotu the boundaries of which are delineated in plan No. PO/E218/72 filed with this Statement of Claim;

(2) 300 Pounds damages for trespass;

(3) An injunction restraining the defendants, servants, agents, and privies from further entry into and use of the plaintiffs' said land or in any manner whatsoever interfering with the plaintiffs' ownership or possession of the said land."

Pleadings we…

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