(2002) JELR 44518 (SC)    

Supreme Court  ·  SC.15/1998 ·  14 Jun 2002 ·  Nigeria
Other Citations
AJUKWARA V. IZUOJI (2002) 6 S.C. (PART II) 116
SALIHU M. ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL E. OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY I. IGUH Justice of The Supreme Court of Nigeria EMMANUEL O. AYOOLA Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
learned trial judge
traditional history
high court
trial court
declaration of title
james mgbelu
judgment of the court of appeal
leading judgment
plaintiffs' claims
plaintiffs' cross-appeal
statement of claim
traditional evidence of the land
virtue of the evidence of primary facts
chukwu nwodo
decision of the trial
defendants' appeal
end of the trial
favour of the defendants
following findings
following issues
judgment of the high court
judgment of the learned trial judge
land agents
learned trial judge reasons
major issue
male children
m. e. ogundare
n1,500.00 costs
okwu ovuruegbu
order of perpetual injunction
parcels of land
parcels of land of different names
parties' traditional histories
plaintiffs' case
portion of the lead judgment of the court
possession of the land
present generation of their family
recent years
reserved judgment
respect of the finding
said pieces of land
s.m.a. belgore
successive heads of their family
unanimous judgment
vast area of land

I. L. KUTIGI, JSC. (Delivering the Leading Judgment): In the High Court holden at Oguta the Plaintiffs in paragraph 15 of their Further Amended Statement of Claim, claimed against the Defendants jointly and severally as follows:

(a) Declaration that the Plaintiffs are entitled to the Customary Right of Occupancy to pieces or parcels of land known as and called OKWU OVURUEGBU,OKWU NKPURUNKWU,OKWU ADU, OKWU OGWUGWU,OKU NWAOKWU KWOFE AND OKWU NWAOKWOTU.

(b) N10,000.00 (Ten Thousand Naira) being general damages for trespass.

(c) Perpetual injunction restraining the Defendants, their servants or land agents from entering the said pieces of land.

After the filing and exchange of pleadings the case proceeded to trial. At the trial nine witnesses testified for the Plaintiffs while five witnesses testified for the Defendants.

The Plaintiffs' case is that the land in dispute is a vast area of land comprising six (6) contiguous pieces or parcels of land of different names as stated above and whi…

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