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ASEAGBA & ANOR.
V.
OFODILE & ANOR.

(1972) JELR 40051 (SC)

Supreme Court 21 Jun 1972 Nigeria
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Case Details

Suit Number:SC.95/1966
Judges: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
Counsel:Mr. Chike Ofodile For Appellant Mr.. F.C. Anyeagbunam For Respondent
Other Citations:ASEAGBA & ANOR. v. OFODILE & ANOR. (1972) 6 S.C. (REPRINT) 134

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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