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ABISI & ORS.
V.
EKWEALOR & ANOR.

(1993) JELR 43266 (SC)

Supreme Court 16 Jul 1993 Nigeria
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- The dispute concerned entitlement to customary rights of occupancy over land in Nando, Anambra State, between communities descended from a common ancestor, Ikenga Nando; both parties asserted ownership based on inheritance, with the plain

Case Details

Suit Number:SC.103/1990
Judges:MUHAMMADU LAWAL UWAIS JSC SALIHU MODIBBO ALFA BELGORE JSC ABUBAKAR BASHIR WALI JSC UCHE OMO JSC MICHAEL EKUNDAYO OGUNDARE JSC
Counsel:Chief Bayo Kehinde, SAN, Jean Chiazor (Miss), O. A. Fapohunda, O.N. Awoniyi5,E. B. Ebong, F.E. Obunse & F. Olaosebikan (Mrs) For the Appellant. Chief G.C.M. Onyiuke, SAN, E.O. Ekpo (Mrs.) & E.N.E. Peter Okoye (Mrs) For the Respondent.
Other Citations:Abisi v. Ekwealor (1993) NWLR (Pt.302) 643 (1993) 7 SCNJ 268

OGUNDARE, J.S.C. (Delivering the Leading Judgment): By a writ of summons issued in the Onitsha Judicial Division of the High Court of Anambra State of Nigeria, the plaintiffs (who are now respondents before us) for themselves and on behalf of the people of Umuakwo Ikenga Nando, sued the defendants (now appellants) for themselves and on behalf of Abube lkenga Nando claiming as subsequently amended:

1. A declaration that the plaintiffs are the persons entitled to ask for customary rights of occupancy to the piece or parcel of land verged violet on Plan No. MEC/168/61 minus the area verged blue lying within it.

2. N1,000.00 general damages for trespass.

3. An injunction to restrain the defendants, their servants and agents from further building on the land or farming thereon or utilising economic trees thereon without the consent of the plaintiffs or in any way doing anything on the land inconsistent with the plaintiffs' ownership and possession of the said land.

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