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EJEANALONYE & ORS
V.
OMABUIKE & ORS

(1974) JELR 46187 (SC)

Supreme Court 21 Feb 1974 Nigeria
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- The case involves a dispute over land between the plaintiffs and the defendants. - The plaintiffs claim to be in possession of the land and allege that the defendants trespassed onto it and began farming without permission. - The defendan

Case Details

Suit Number:SC.291/1973
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Mr N.N. Anah ( with him, Mr. N.E.J. Ifediora) For Appellant Mr. M.A.Onyiuke For Respondent
Other Citations:(1974) All N.L.R 269 (1974) 2 S.C. 27

ELIAS, C.J.N. (Delivering the Leading Judgment): In suit No. 0/168/1971 Agbakoba J. on May 8, 1973 gave judgment in the Onitsha High Court in favour of the plaintiffs against the defendants ordering the latter to pay nominal damages for trespass in respect of the plaintiffs' land and an injunction restraining the defendants from committing further acts of trespass. The Plaintiffs' claim is as follows:

"1. The Plaintiffs and the Defendants reside at Okija within the jurisdiction of the Court.

2. The Plaintiffs sue for themselves and on behalf of all the members of Umuoma family Ubahueze-Ihite Okija.

3. The Plaintiffs are in possession of all that piece or parcel of land situate at Okija within the Onitsha Judicial Division known as and called "OLIEHI". The said "OLIEHI" land goes as far as the "IHUOSE" river "AGBO-UTU", "ONU" river, "AGBO-OGWU" and "AGBO-AGU".

4. On or about the 15th day of October, 1971 the defendants, their servants and agents trespassed into the said "OLIEHI" land, …

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