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AJERO & ANOR
V.
UGORJI & ORS.

(1999) JELR 43755 (SC)

Supreme Court 9 Jul 1999 Nigeria
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- The plaintiffs claimed a declaration of title to three pieces of land, damages for trespass, and an injunction against the defendants. - The trial court entered judgment in favor of the plaintiffs, but the defendants appealed to the Court

Case Details

Suit Number:SC.159/1994
Judges:SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC SYLVESTER UMARU ONU JSC UMARU ATU KALGO JSC SAMSON ODEMWINGIE UWAIFO JSC
Counsel:Chief G.O.K. Ajayi SAN (with him, Jaiye Sowemimo) For the Appellant; A. J. Offiah (Mrs.) For the Respondent.
Other Citations:Ajero v. Ugorji (1999) 10 NWLR (Pt. 621) 1 (1999) 7 S.C (Pt I) 58

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): In their Amended Statement of claim the Plaintiff's claims against the Defendants jointly and severally, it reads as follows-

"(a) A declaration of title to those certain THREE pieces or parcels of land known as and called ISIUGWU, ISIMKPA AND UZI situate at Ubaha Nsulu, Northern Ngwa Division, the annual value whereof is N30,00 (Thirty Naira):

(b) N2, 000.00 (Two Thousand Naira) being special and general damages for the acts of trespass committed by the Defendants on the said lands since the 22nd day of July, 1974 and;

(c) Perpetual injunction to restrain the Defendants by themselves, by their servants, agents and otherwise from committing further acts of trespass on the said parcels of land."

Pleadings were ordered, filed and exchanged. Thereafter the case proceeded to trial. At the trial two witnesses testified for the Plaintiffs. The Defendants who were served with the hearing notices consistently absented themselves from co…

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