Customer Support

AGBASI & ORS
V.
OBI

(1998) JELR 45660 (SC)

Supreme Court 16 Jan 1998 Nigeria
BriefBot icon

BriefBot Summary

Free

- The appellants (plaintiffs in HN/3/79 and defendants in HN/5/79) and respondents litigated title and trespass over a piece of land at Uruagu-Nnewi, both claiming through different ancestors and presenting evidence of possession and acts o

Case Details

Suit Number:SC.182/1994
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:D O. T. Kasumu (Miss) -for the Appellants For Appellant Respoudents absent and unrepresented. For Respondent
Other Citations:Agbasi v. Obi (1998) 2 NWLR (Pt.536) 1 (1998) 1-2 S.C 28

KUTIGI, J.S.C.(Delivering the Leading Judgment): At the Nnewi High Court, the appellants were plaintiffs in Suit No. HN/3/79 and the defendants in Suit No. HN/5/79 which suits were consolidated and heard by Olike J.

The appellants as plaintiffs in suitNo. HN/5/79 sued the defendants claiming:-

(i) ₦1,000.00 damages for trespass, and

(ii) Perpetual injunction restraining the defendants and their agents from further trespass on the said land.

The defendants rather than joining issues with the appellants instituted a separate action in HN/5/79 claiming against them:-

(a) ₦50,000.00 damages for trespass;

(b) Injunction; and

(c) customary right of occupancy over the land in dispute.

The High Court on being satisfied that the parties in the suits are the same, that there was a common question of law and fact and that it was convenient to dispose of the suits together, consolidated them. The plaintiffs in HN/3/79 which was the first m time were made plaintiffs and the plaintiffs in HN/5/79…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.