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EWO & ORS.
V.
ANI & ORS.

(2004) JELR 45003 (SC)

Supreme Court 30 Jan 2004 Nigeria
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- Plaintiffs sought a declaration of communal ownership, damages for trespass, and a perpetual injunction over land known as “IDUME” in Ugwuaji, Awkunanaw, Nkanu Division, claiming joint communal ownership with 1st–15th defendants. - The tr

Case Details

Suit Number:SC.62/1997
Judges: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
Counsel:Dr. G. C. Oguagha For Appellant F. Chukwuemeka Ofodile For Respondent
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

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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