(1972) JELR 40051 (SC)    

Supreme Court  ·  SC.95/1966 ·  21 Jun 1972 ·  Nigeria
Other Citations
ASEAGBA & ANOR. v. OFODILE & ANOR. (1972) 6 S.C. (REPRINT) 134
GEORGE B. AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
forest reserve
good deal of the documents
akwuefe lies
ample evidence
findings of the learned trial judge
human memory
portion of akwuefe land
statement of claim
arable land
area of the forest reserve
correct name of the land
criticism of the findings of the learned trial judge
declaration of title of ownership
different names
district officer
eastern boundary
extension of the forest reserve
following passage of his judgment
further exercise of their rights
ground of appeal
grounds of appeal
g. s. sowemimo
leading judgment
main road
members of defendants
native court
northern boundary
northern point
onitsha high court
parcel of land
part of akwuefe
portion of the land
possession of the land
southern point
statement of defence
suit no. c
support of their case
triable issues
view of the above findings

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The respondents, who were plaintiffs in the Onitsha High Court in Suit No. C/84/57, sued the appellants, as defendants, claiming the following:-

(a) Declaration of title of ownership and possession of the piece or parcel of land known as and called AKWUEFE and more particularly delineated on a plan to file in court.

(b) 200pounds damages for trespass.

(c) Injunction to restrain the defendants, their servants and agents from going on the land in dispute and/or interfering in any manner whatsoever with the plaintiff's rights of ownership and possession of the land in dispute.

In their Statement of Claim, the Plaintiffs averred that the land in dispute, which they called "AKWUEFE', is the portion verged PINK in plan No. PO 10/57 (tendered in evidence as Ex. 1) and that the portion of Akwuefe land which fell inside the Forest Reserve is edged BLUE on the plan; that the land in dispute had been that of plaintiffs from time beyond hu…

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