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ACHIAKPA & ANOR
V.
NDUKA & ORS

(2001) JELR 44271 (SC)    

Supreme Court  ·  SC.28/1996 ·  13 Jul 2001 ·  Nigeria
 · 
Other Citations
Achiakpa v. Nduka (2001) 14 NWLR (Pt.734)623 (2001) 7 S.C (Pt.III) 125
CORAM
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
plaintiffs
exhibit c
rem judicatam
court of appeal
statement of claim
present case
learned trial judge
parcels of land
traditional evidence
credible evidence
exhibit
lower court
plaintiffs' claims
trial judge
declaration of title
survey plan no. fco
achi native court
exhibit c.
preference of the material aspects of defence evidence
said land
above finding of the court
achi native court judgment
acts of trespass
alleged juju oath
approval of the plaintiffs
behalf of the umuonewe family of isikwe achi
close study of the said exhibits
decision of the court of appeal
decision of the trial court
defendants of umunduka family of obinagu
enugu judicial division of the high court of justice
evaluation of such evidence
exhibit c shows
exhibit d.
family members of the defendants
following issues
leading judgment
member of the plaintiffs
occupation of the land
prima facie case
respect of their nkpo uno
rights of ownership of the plaintiffs
said onewe
senior advocate of nigeria
subject matter of their current claim
subsequent trial
ugba nduka pieces of land
various acts of trespass

IGUH, JSC (Delivering the Leading Judgment): By a writ of summons issued on the 1st day of June, 1976, the plaintiffs, for themselves and on behalf of the Umuonewe family of Isikwe Achi in Anambra State instituted an action jointly and severally against the defendants of Umunduka family of Obinagu, Isikwe, Achi at the Enugu Judicial Division of the High Court of Justice, Anambra State claiming as follows:-

"(a) Declaration of title to the pieces or parcels of land known as "MASA" and "OBU" shown in survey plan No. FCO/125/76,

(b) ₦1,000.00 (one thousand Naira) being general damages for trespass, and

(c) Injunction restraining the defendants, their agents, servants and/or privies from acting in any way contrary to the rights of ownership of the plaintiffs in the said land without the previous consent or approval of the plaintiffs."

Pleadings were ordered in the suit and were duly settled, filed and exchanged.

At the subsequent trial, both parties testified on their own behalf and calle…

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