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DIELI & ORS.
V.
IWUNO & ORS.

(1996) JELR 39606 (SC)

Supreme Court 2 Apr 1996 Nigeria
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- The plaintiffs/respondents, representing two sections of Akamanato village, Nando, sought a declaration of entitlement to customary or statutory right of occupancy over a parcel of land known as Ajo Agu, damages for trespass, and a perpet

Case Details

Suit Number:SC.264/1990
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Counsel:M.A. Apampa For Appellant G.U.E. Peter-Okoye (Mrs.) For Respondent
Other Citations:Dieli v. Iwuno (1996) 4 NWLR (Pt.445)622

OGUNDARE, J.S.C. (Delivering the Leading Judgment): The plaintiffs (who are now respondents), for themselves and on behalf of the people of Amaegwene and Achaleogwu sections of Akamanato village in-Nando sued the defendants (who are now appellants) claiming as per paragraph 9 of their further amended statement of claim:-

"1. Declaration that the plaintiffs are the persons entitled to apply for statutory or customary certificate of occupancy in respect of piece and parcel of land known as and called Ajo Agu within Agu Omele shown pink in plaintiffs plan situate and lying at Akamanato Nando town in Otuocha Local Government Area within the jurisdiction.

2. N2,000.00 damages for trespass.

3. Perpetual injunction restraining the defendants, their agents or servants from entering into this land either to farm or to build or indeed to do anything whatever which will be inconsistent with the rights of the plaintiffs people without their consent.

The defendants, that is, appellants, were sued…

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