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RANKING UDO & ORS. V. MBIAM OBOT & ORS.

(1989) JELR 42883 (SC)

Supreme Court  •  SC.133/1987  •  13 Jan 1989  •  Nigeria

Coram
AUGUSTINE NNAMANI JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; CHUKWUDIFU AKUNNE OPUTA JSC; ABDUL GANIYU OLATUNJI AGBAJE JSC; ABUBAKAR BASHIR WALI JSC;

Appearances
E.O. Sofunde, S.A.N. (with him, Mrs. M. O. Ayeni) For Appellant G. R. I. Egonu, S.A.N. (with him, P.C.O. Nwagbo) For Respondent

Judgement

OPUTA, J.S.C. (Delivering the Leading Judgment): In the court of first instance the Plaintiffs (now Respondents in this court) sued "For themselves and as representing the people of Akpa Utong" and claimed from the Defendants (now Appellants in this court), who are people of and representing Afia Nsit (Z) the following:

"1. A Declaration that the Plaintiffs are the titular owners in possession of the piece or parcel of land situate at Akpa Utong ...........and known as and called Ekpene Ibiok............

2. N1,000.00 general damages for trespass in that on or about the 30th day of April, 1975, the Defendants by themselves, servants and agents unlawfully broke and entered the Plaintiffs said "Ekpene Ibiok" land and destroyed Plaintiffs houses and economic crops and built huts therein without leave or licence of the Plaintiffs. The Defendants' will continue the said acts of trespass unless restrained.

3. Perpetual Injunction restraining the Defendants, their servants and or agents from…

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