(1973) JELR 40239 (SC)    

Supreme Court  ·  SC.342/1971 ·  8 Jun 1973 ·  Nigeria
Other Citations
CHIBUZO & 5 ORS. v. OKOYE & 2 ORS. (1973) 6 S.C. (REPRINT) 75
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria DAN IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
nkwelle ogidi
ikenga ogidi
parcel of land
1st defendant
azu ogbunike
amended statement of claim
land dispute
statement of claim
people of ikenga ogidi
survey plan
1st p1
late father
onitsha high court
perpetual injunction
said land
1st d
aforesaid plan
behalf of the people of ikenga quarter
chief ajechi of nkwelli ogidi
communal property of the ikenga quarter of ogidi
copy of the plaintiff
date of trial
elders of the said ikenga quarter of ogidi
exclusive ownership
fifth defendants
following observation of graham-paul
grounds of appeal
joint statement of defence
leading judgment
learned trial judge shows
nkwele ogidi
ogidi town
old traditional boundary
plaintiffs piece
plan no. jj50
possession of their igwene land
suit no.0
trial judge
west african court of appeal

A. FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment): In the claim before the Onitsha High Court in suit No.0/55/63, the plaintiffs claimed against the 1st defendant (Okoludo Chibuzo) alone the sum of 600pounds as damages for trespass committed on the "plaintiffs piece and parcel of land known as and called Iguene situate at Nkwelle Ogidi. "They also asked the court for a "perpetual injunction to restrain the defendant, his servants and/or agents from further trespass on the said land."

After pleadings had been ordered and the plaintiffs had filed their statement of claim on 24th August, 1963, the second, third, fourth and fifth defendants successfully applied to the court on 5th November, 1963, for an order for them to be joined as defendants and also for all five of them to defend the action "for themselves and on behalf of the people of Ikenga Quarter of Ogidi Town in Onitsha Division." Paragraphs 2 and 3 of the affidavit sworn to by one Dennis Okocha in support of the appli…

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