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CHUKWURA
V.
OFOCHEBE

(1972) JELR 39884 (SC)

Supreme Court 20 Dec 1972 Nigeria
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- The case involved a land dispute between the people of Ifite Ogbunike and Akpom Umudioka, each represented by parties suing and defending in a representative capacity before the High Court, Onitsha (East-Central State). - The consolidated

Case Details

Suit Number:SC.699/1966
Judges:GEORGE BAPTIST 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:Chike Ofodile (Jude Emezie with him) For Appellant F.M. Obianyo (M.A. Onyiuke with him) For Respondent
Other Citations:(1972) All N.L.R 953 (1972) 12 S.C. 126

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The present appellant, Omeazu Chukwura, was the defendant before the High Court, Onitsha (East-Central State) in an action instituted against him "for himself and on behalf of the people of Akpom Umudioka" by A. L. Ofochebe, who is the present respondent, and had sued "for himself and on behalf of the people of Ifite Ogbunike." That was Suit No. 0/22/63 and the writ therein was endorsed for the following claims:

"(1) Declaration of title of ownership to the piece of land called and known as AGU-UGWUOBA situate at Ifite Ogbunike and more particularly shown and delineated on a plan to be filed in court.

(2) Forfeiture of the defendant's possession of any portion of the said land.

(3) 100pounds damages for trespass.

(4) Injunction to restrain the defendant, his servants and agents from going upon or making use of the land."

Soon after the institution of this action, Omeazu Chukwura and two others "for themselves and on behalf…

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