EWO & ORS.
V.
ANI & ORS.

(2004) JELR 45003 (SC)    

Supreme Court  ·  SC.62/1997 ·  30 Jan 2004 ·  Nigeria
 · 
Other Citations
Ewo v. Ani (2004) 3 NWLR (Pt.861)610 (2004) 1 S.C (Pt II) 115 (2004) 10 W.R.N 1 S.C
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KASTINA-ALU Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Core Terms Beta
plaintiffs
defendants
traditional evidence
court of appeal
court
evidence
issues
learned trial judge
traditional history
instant case
lower court
15th defendants
statement of claim
leading judgment
onus of proof
said land
judgment of the trial court
parcel of land
communal land
declaration of title of communal ownership
district officer
ugwuaji settlement
briefs of argument
decision of the court of appeal
enugu high court
lead judgment
prior consent of the plaintiffs
strength of his own case
above reasons
acts of person
adjacent land
considered judgment
core issues
current appellants
evidence of contemporary events
evidence of tradition
exclusion of other members of the family
judgment of the learned trial judge
onus of proof of ownership
origin of the land
ownership of land
own family land
proved evidence of tradition
rules of court
sets of defendants
support of its case
trial show
version of traditional history

KUTIGI, J.S.C. (Delivering the Leading Judgment): In the Enugu High Court, the plaintiffs in paragraph 19 of their statement of claim, claim against the defendants jointly and severally as follows -

1. Declaration of title of communal ownership by plaintiffs and 1st - 15th defendants of all that piece and parcel of land known as and called "IDUNE" situate in UGWUAJI, AWKUNANAW, NKANU DIVISION, more clearly shown and delineated in the plaintiffs' plan No. E/GAO/1170 of 28/8170 attached herewith.

2. E150 (one hundred and fifty pounds) general damages for trespass committed by the defendants on the said land.

3. A PERPETUAL INJUNCTION restraining the defendants, their servants and/or agents from entering the land in dispute and in any manner whatsoever interfering with the said land without the prior consent of the plaintiffs."

The defendants in paragraphs 15 and 16 of their amended statement of defence averred thus:

"15. The plaintiffs are not entitled as claimed in paragraph 19(1),…

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