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CHIEF E.W.J. WOHEREM JP. V. JOEL EMEREUWA & ORS.

(2004) JELR 45040 (SC)

Supreme Court  •  SC.161/2000  •  2 Jul 2004  •  Nigeria

Coram
UTHMAN MOHAMMED JSC SYLVESTER UMARU ONU JSC ANTHONY IKECHUKWU IGUH JSC UMARU ATU KALGO JSC DENNIS OYEJIFE EDOZIE JSC

Judgement


IGUH, J.S.C. (Delivering the Leading Judgment): What calls for decision in this appeal is whether or not the plaintiff's claims against the defendants in the suit are statute-barred.

The plaintiff had on the 12th day of November, 1992 in the Port Harcourt Judicial Division of the High Court of Rivers State of Nigeria instituted an action against the defendants jointly and severally claiming as follows -

"(i) A declaration that the plaintiff is the bona-fide owner of the piece and parcel of land known as and called "Ohia Apamini" situate at Mgbuakara, Rumumini in Rumuokwuta measuring 3.126 Acres and more particularly described by survey plan No. ESP 6648 dated 30-10-66 and prepared by E. Eyo, licensed surveyor and counter-signed by Survey-General, Eastern Nigeria on the 13th of December, 1966.
(ii) 5 million naira being special and general damages for trespass.
(iii) Perpetual injunction against the defendants, their servants agents, privies or successors in title restraining them fr…

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