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AWAOGBO & ORS
V.
EZE

(1995) JELR 43442 (SC)

Supreme Court 20 Jan 1995 Nigeria
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- The plaintiff claimed N100,000.00 in damages for trespass to a piece of land known as Offia Okaji and requested an injunction to prevent further trespass. - The defendants counter-claimed for N10,000.00 for the destruction of palm trees b

Case Details

Suit Number:SC.69/1991
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Counsel:G.I. Ofodile, Esq. -for the Appellants For Appellant Respondent absent and unrepresented For Respondent
Other Citations:Awaogbo v. Eze (1995) 1 NWLR (Pt.372)393

KUTIGI, J.S.C. (Delivering the Leading Judgment): The plaintiff's claim against the defendants jointly and severally as contained in para. 28 of his statement of claim are:-

"(I) N100,000.00 general damages for trespass to that piece or parcel of land known as Offia Okaji, shown verged pink on Survey Plan No. L/D 556.

(2) An injunction restraining the defendants, their servants or agents from entering into or committing any further acts of trespass to the said plot of land shown verged pink on Survey Plan No. L/D 556."

The defendants in their Joint Statement of Defence also counter-claimed against the plaintiff "the sum of N 10,000.00 being estimated value of the palm trees wrongfully destroyed and or tapped by the plaintiff and his agents." The counter-claim was however due to some technical reasons at the trial, withdrawn and was accordingly struck-out.

As usual the case proceeded to trial after the filing and exchange of pleadings by the parties. At the trial the plaintiff testifie…

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