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EZE & ORS
V.
ATASIE & ORS.

(2000) JELR 44167 (SC)

Supreme Court 16 Jun 2000 Nigeria
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- Plaintiffs, representing the Umuololo family in Ogwe village, sued for a declaration of title, damages for trespass, and perpetual injunction in respect of land called Uzo Egbelu Ogwe, relying on traditional history as their root of title

Case Details

Suit Number:SC.140/1995
Judges:ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:A.O. Obianwu Esq. (with him, K.C. Ogunji Esq.) For Appellant Onwuka Egwu Esq. For Respondent
Other Citations:Eze v. Atasie (2000) 10 NWLR (Pt.676) 470 (2000) 6 S.C (Pt I) 214 (2000) 9 W.R.N 73 C.A

UWAIFO, J.S.C. (Delivering the Leading Judgment): This is an appeal from a judgment of the Court of Appeal, Port Harcourt Division given on 8th June, 1993. The plaintiffs as members of Umuololo family in Ogwe village of Ukwa Division instituted this action in a representative capacity at the High Court, Aba on 9th December, 1976. They sought three reliefs against the defendants, namely (1) a declaration of title to a piece of land they call Uzo Egbelu Ogwe made up of three portions of land known as Akami, Ogbaku and Ugiri Egbede-Iyi Ekwe; (2) general damages of N2,000.00 for trespass; and (3) perpetual injunction. After a full hearing, the learned trial Judge gave a considered judgment on 26th March, 1985 in which he declared the plaintiffs entitled to the customary right of occupancy of the piece of land, awarded N500.00 as general damages and ordered perpetual injunction against the defendants.

The defendants raised a number of issues in their appeal to the Court of Appeal against t…

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