(1998) JELR 45597 (SC)    

Supreme Court  ·  SC.85/1991 ·  25 Sep 1998 ·  Nigeria
Other Citations
Ezeakabekwe v. Emenike (1998) 11 NWLR (Pt.575)529 (1998) 9-10 S.C 80
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
trial court
parcel of land
learned trial judge
statement of claim
court of appeal
ude uchu
judgment of the trial court
declaration of title
said land
briefs of argument
customary law
decision of the court of appeal
first deforestation
proposed amended statement of claim
supreme court
case of the plaintiff
rules of this court
said exhibit
statement of defence
survey plan no. e
apparent error
aspect of the case
behalf of the emenike family of amaba
decision of an appellant court
entire evidence
exhaustive review of the evidence
finding of both courts
high court of former anambra state of nigeria
land of the plaintiff
leading judgment
learned counsel
legal effect
legal effect of a judgment
mistake of fact
mistake of the court of appeal
plaintiffs statement of claim
pleadings of the parties
real question
respondents plan
said judgment
said parcel of land
sale issue
superior court of record
unanimous decision

IGUH, J.S.C. (Delivering the Leading Judgment): In the High Court of former Anambra State of Nigeria, the plaintiff, who is now the respondent, for himself and on behalf of the Emenike family of Amaba, Umuchu instituted an action jointly and severally against the appellants, who therein were the defendants, claiming as follows:-

"(1) Declaration of title (ownership) to the plaintiff's piece or parcel of land known as and called 'Ude Uchu' situate at Amaba, Umuchu in Awka Judicial Division and more particularly shown or delineated in survey plan No. E/GA1583/73 filed with the plaintiffs statement of claim.

(2) N400.00 (four hundred naira) damages for trespass committed by the defendants on the said land in dispute.

(3) Perpetual injunction restraining the defendants, their agents, servants and workmen from entering the said parcel of land and repeating or furthering any acts of trespass."

Pleadings were ordered in the suit and were duly settled, filed and exchanged. In paragraph 3 of h…

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