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ENANG & ORS.
V.
ADU

(1981) JELR 42176 (SC)

Supreme Court 13 Nov 1981 Nigeria
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- The plaintiffs filed a suit in the Calabar High Court claiming declaration of title to certain pieces of land, damages for trespass, and an injunction to restrain the defendants from further trespassing. - The suit was brought in a repres

Case Details

Suit Number:SC.64/1980
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Counsel:Mr. Ebele Nwokoye For Appellant Chief I. Orok, (with him, Mr. O. I. Ironbar) For Respondent
Other Citations:ENANG & ORS. v. ADU & ORS. (1981) 11-12 S.C. (REPRINT) 17

A. NNAMANI, J.S.C. (Delivering the Leading Judgment): In February, 1970, the plaintiffs/respondents (hereinafter known as the respondents), filed a suit in the Calabar High Court claiming against the defendants/appellants (hereinafter known as the appellants) as follows:-

"1. Declaration of title to those pieces or parcels of lands known as and called "Mgbudu", "Lebei", "Ipenele" situate in Adadama in Obubra Division. The said pieces or parcels of lands in dispute will be completely described and delineated in a plan to be filed with the Statement of Claim.

2. 200 (Two Hundred Pounds) damages for Trespass to the said lands.

3. Injunction to restrain the defendants, and/or their servants and/or agents from further trespassing into the said lands and/or leasing the said lands to any tenants."

Pleadings were ordered, duly filed and delivered. Both parties also filed plans of the lands in dispute which plans were received in evidence in the trial court. The plans indicated that there was…

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