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AGWUNEDU & ORS.
V.
ONWUMERE

(1994) JELR 43405 (SC)

Supreme Court 28 Jan 1994 Nigeria
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- The plaintiff/respondent, representing the Emenaugha family, sought a declaration of title, damages for trespass, and an injunction over land known as “Ala Emenaugha” against the defendants/appellants, representing Umudi families, in the

Case Details

Suit Number:SC.258/1988
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE 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:Chief F.R.A. Williams, SAN. (with him, Dr. E.O. Ume, SAN.; T.E. Williams and J.U.K. Igwe) For Appellant A.F. Offiah (Mrs.) For Respondent
Other Citations:Agwunedu v. Onwumere (1994) 1 NWLR (Pt.321)375 (1994) 1 SCNJ 106

MOHAMMED, J.S.C. (Delivering the Leading Judgment): In a representative action, instituted and filed in the High Court of East Central State of Nigeria, (now Imo State) the respondent, in the appeal, claimed against the appellant as follows:

"1. Declaration of title to that piece or parcel of land known as and called 'Ala EMENAUGHA' situate at Unuoke Owerre Nkwoji in Nkwerre Division within the Orlu Judicial Division and more particularly shown and delineated on the plan No. E/GA834/76 verged pink and filed with the statement of claim with the annual value of N10.00 (ten naira).

2. N2,000.00 (two thousand naira) general damages for trespass into plaintiff's Ala Emenaugha.

3. Perpetual injunction to restrain the defendants servants/agents from further acts of trespass to the said land."

Pleadings were called, filed and duly exchanged. Mr. Christopher Onwumere gave facts of his claim against the appellants, in his evidence in chief, before the trial High Court. He told the court that h…

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