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
parcel of land
learned trial judge
statement of claim
court of appeal
judgment of the trial court
declaration of title
briefs of argument
decision of the court of appeal
proposed amended statement of claim
case of the plaintiff
rules of this court
statement of defence
survey plan no. e
aspect of the case
behalf of the emenike family of amaba
decision of an appellant court
exhaustive review of the evidence
finding of both courts
high court of former anambra state of nigeria
land of the plaintiff
legal effect of a judgment
mistake of fact
mistake of the court of appeal
plaintiffs statement of claim
pleadings of the parties
said parcel of land
superior court of record
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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