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1. NWAGBOSO UBANI-UKOMA (For Himself And As Representing Ubani-Ukoma Family Of Umuohia Village In Obingwa Local Government Area Of Abia State) & ENWEREJI NWOSU V. SEVEN-UP BOTTLING COMPANY PLC & ATTORNEY GENERAL & COMMISSIONER FOR JUSTICE (ABIA STATE)

(2022) JELR 109891 (SC)

Supreme Court  •  SC.84/2010  •  17 Jun 2022  •  Nigeria

Olukayode Ariwoola JSC Uwani Musa Abba Aji JSC Mohammed Lawal Garba JSC Adamu Jauro JSC Tijjani Abubakar JSC


MOHAMMED LAWAL GARBA, J.S.C. (Delivering the Leading Judgment): The Appellant, along with two others representing the Ubani Ukoma Family of Umuahia Village of Obingwa Local Government Area of Abia State (then in Imo State), sued the 1st Respondent before the High Court for declaration of title or ownership, damages for trespass and injunction in respect of a parcel of land known as Bvoro Egbelu. The claims were as set out in the Further Amended Statement of Claim which appears at pages 95-101 of the Record of Appeal and two (2) witnesses testified in support thereof at the trial Court. 

The 1st Respondent called three (3) witnesses, while the 2nd Respondent who was joined later, called a sole witness, in defence of the claims. In its judgment delivered on the 1st of November, 2000, the trial High Court dismissed the action for lack of substance and merit. 

Aggrieved by that decision of the trial High Court, the Appellants appealed to the Court below, Port Harcourt Division, against same…

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