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CHUKWUOGOR
V.
OBUORA

(1987) JELR 40262 (SC)

Supreme Court 10 Jul 1987 Nigeria
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- The plaintiff/appellant sought a declaration, damages for nuisance, and an injunction in respect of a claimed right to use a road leading from Enugu-Onitsha road to the residences of both parties at Umuogbunu village, Awka, alleging it wa

Case Details

Suit Number:SC.149/1985
Judges:MOHAMMED BELLO JSC ANDREWS OTUTU OBASEKI JSC KAYODE ESO JSC AUGUSTINE NNAMANI JSC MUHAMMADU LAWAL UWAIS JSC BOONYAMIN OLADIRAN KAZEEM JSC CHUKWUDIFU AKUNNE OPUTA JSC
Counsel:Mr. G.R.I. Egonu, S.A.N. with him P.C.O. Nwagbogu For the Appellant; Respondent in Person.
Other Citations:Chukwuogor v. Obuora (1987) NWLR (Pt. 61) 454


OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal has its genesis in an action filed in the High Court of East Central State in the Anambra/Awka Judicial Division holden at Awka on the 27th day of April, 1974, i.e. just over 13 years ago. The claim is in respect of the right to use a road and as set out in paragraph 25 of the statement of claim filed by the plaintiff/appellant, reads:

"Wherefore the plaintiff claims from the defendant as follows:
(a) A declaration that the plaintiff is entitled to the use of the road leading from the Enugu-Onitsha road to the house of the plaintiff and the house of the defendant at Umuogbunu village, Awka town within the court's jurisdiction at all times. The said road is verged PINK on plan No. PO/E98/74 filed with this statement of claim;
(b) ₦200.00 being damages for nuisance;
(c) An injunction restraining the defendant, his servant or agents from obstructing the plaintiff from the use of the said road."

On the order of the High Cour…

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