(1997) JELR 45409 (SC)    

Supreme Court  ·  SC.90/1993 ·  2 May 1997 ·  Nigeria
Other Citations
Ekennia v. Nkpakara (1997) 5 NWLR (Pt.504) 152
Ekennia v. Nkpakara (1997) 5 NWLR (Pt. 504) 152
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
present suit
court of appeal
subject matter
suit no.
decision of the court of appeal
ahiara native court
onus of proof
umuewere family
ahiara native court judgment
said land
statement of claim
umuga family of otulu
clear evidence
decision of the trial court
grounds of appeal
judgment of the trial court
leading judgment
learned justices of the court of appeal
parcel of land
above issues
a. i. iguh
burden of proof of communal ownership
case of the plaintiff
communal owners of the land
criminal proceeding
evidence of various acts of ownership
farm land
finding of fact of the trial court
further acts of trespass
individual person
issue of award of special damages
issue of special damages
owners of the said land
peaceable possession of the plaintiff
person farms
plaintiffs claims
review of the evidence
see ochanma v
sets of issues
s. m. a. belgore
unanimous decision
various exclusive acts of possession
weight of evidence

A. I. IGUH, J.S.C. (Delivering the Leading Judgment): In the Owerri Judicial Division of the High Court of the former Imo State of the Federal Republic of Nigeria, the plaintiff, who is now the appellant, for himself and as representing the Umuewere family instituted an action against the respondents, who therein were the defendants, for themselves and as representing the Umuga family of Otulu, Ahiara in Imo State, excluding the Umuewere family, claiming jointly and severally as follows:-

"1. N5,000.00 (Five Thousand Naira) being special and general damages for trespass to the piece or parcel of land known as and called" ALA ISIAHIA EWERE" situate at Otulu Ahia in the Owerri Judicial Division which has been in the peaceable possession of the plaintiff from time immemorial.

2. An injunction restraining the Defendants their servants and or agents from further acts of trespass to the said land."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. The parties, …

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