EZEKWESILI & ORS.
V.
AGBAPUONWU & ORS.

(2003) JELR 46842 (SC)

Supreme Court 11 Apr 2003 Nigeria
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- The dispute concerned title to and possession of "Okpuno Azu" land at Ogbunike, Anambra State, with plaintiffs/respondents seeking declaration of title, damages for trespass, and a perpetual injunction, while defendants/appellants also cl

Case Details

Suit Number:SC.108/1998
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
Counsel:Tochukwu Onwugbufor, SAN (with him, Eke E. Orji, Esq., M. O. Onwugbufor, Esq., Ike Ugwoke, Esq., F. Gambari Mohammed [Mrs]) For Appellant B. C. Ogbuli, Esq. (with him, J.E.O. Ogbuli, Esq.) For Respondent

D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Enugu, delivered on the 20/1/1998 dismissing the appellants' appeal against the judgment of High Court of Anambra State presided over by Amaizu J, (as he then was) on the 27/10/1994. Before the High Court, the respondents herein as the plaintiffs in representative capacity claimed against the defendants, the appellants herein also in representative capacity, the following reliefs:

"(a) Declaration of title to, and possession of the land known and called "OKPONO AZU" being and situate at Ogbunike town in Anambra Division and shown on Survey Plan No. MEC/66/73 filed by the plaintiffs and thereon verged pink.

(b) N600.00 (Six Hundred Naira) or 300 Pounds (Three Hundred Pounds) damages for trespass committed by the defendants on the plaintiffs said Okpuno Azu land.

(c) Perpetual injunction restraining the defendants, their servants, agents, successors and assigns from con…

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