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CHIEF OKIRINTA UGBALA & ORS V. AWO OKORIE & ORS

(1975) JELR 33955 (SC)

Supreme Court  •  SC.41/1974  •  5 Dec 1975  •  Nigeria

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

Judgement

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Judgment): In Suit No. HOW/73/71 commenced in the High Court of the East Central State sitting at Owerri, the plaintiffs, now appellants, claimed against the defendants, now respondents, jointly, severally, and in alternative, declaration of title to a piece of land called "Okwunta" which is situated at Ocham Na Dibia, Okporo, within the Owerri Judicial Division. They also asked for an injunction restraining the defendants, their servants and agents from further acts of trespass in the said land.

Pleadings were ordered and were duly delivered. At the hearing, the plaintiffs called fourteen witnesses to testify in support of the averments in their pleadings while the defendants called five witnesses. One of the witnesses called by the plaintiffs is Chief Okirinta Ugbala, the first plaintiff. He gave evidence as the fourteenth plaintiff's witness and testified that the land in dispute is owned by his family. He said the land is not in O…

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