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CHIEF ETIM USUNG & ORS v. CHIEF INYANG E. NYONG & ORS

(2009) JELR 47347 (CA)

Court of Appeal  •  CA/C/22/2005  •  30 Apr 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; THERESA N. ORJI-ABADUA JCA;

Judgement

JEAN OMOKRI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of E. R. Nkop, C. J., in Suit No. R/2/1979 delivered on 21/5/06.

The appellants, hereinafter called the Iquitas, claimed damages for trespass and injunction against the respondents jointly and severally for trespassing into two contiguous portions of their land, the title to which they won against the Iduahs in a 1930 case.

At page 113 of the record, the appellants claimed at paragraph 11 of their further amended statement of claim as follows:

"The plaintiffs therefore claim against defendants jointly and severally for themselves and on behalf of Iquita village as per writ of summons:

(a) N500,000.00 for trespass in that in recent years and particularly, after the civil war, the defendants, by themselves and/or agents/assigns and privies, broke and entered two contiguous portions of Iquita land verged PINK and YELLOW on the plaintiffs' Plan filed herewith call UKO URUE-MON and UKO-EYUKIM whic…

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