CHUKWUOGOR
V.
OBUORA

(1987) JELR 40262 (SC)    

Supreme Court  ·  SC.149/1985 ·  10 Jul 1987 ·  Nigeria
 · 
Other Citations
Chukwuogor v. Obuora (1987) NWLR (Pt. 61) 454
Chukwuogor v. Obuora (1987) 3 NWLR (Pt. 61) 454
CORAM
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
Core Terms Beta
road
evidence
learned trial judge
case
court of appeal
final addresses
appeal
15th december
constitution of the federal republic of nigeria
lower court
private road
public road
9th november
particulars of error
findings of fact
inspection of the locus
local government
major road
whole case
appellant's case
use of the road
various issues
court's jurisdiction
decision of the court of appeal
donation of land
enugu-onitsha road
following day
judgment of the lower court
local authority
plan no. po
provision of section
said road
adjoining land owners john nwosu
arbitration proceedings
chief g. r. j. egonu
concluding part
contravention of section
extent of such land
facts of the case shows
hearing of the addresses of counsel
high court of east central state
house of the defendant
land owners
leading judgment
order of the high court
plaintiff claims
questions of facts
records of the road
use of the said road


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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