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GRAHAM & ORS.
V.
ESUMAI & ORS.

(1984) JELR 46471 (SC)

Supreme Court 30 Nov 1984 Nigeria
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- Plaintiffs (respondents) sued defendants (appellants) in the Onitsha High Court seeking declaration of title, damages for trespass, and injunction regarding No. 3 Moore Street, Onitsha, based on their family’s long possession and activiti

Case Details

Suit Number:SC.131/1983
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Mr. Ben Anyadeba For Appellant Mr. A.N. Anyamene, S.A.N. (with him Mrs. Rosemary Igweonwu) For Respondent

KAWU, J.S.C. (Delivering the Leading Judgment): The appellants herein were the defendants at the Onitsha High Court in Suit No.0/47/76. In that suit the plaintiffs (respondents herein) had, in a representative capacity, sued the appellants claiming the following reliefs:

"(a) Declaration of title to the property/premises known and situate at No.3 Moore Street, Onitsha within the jurisdiction of the Honourable Court, annual value N10.00;

(b) N200.00 (Two Hundred Naira) damages for trespass;

(c) Perpetual injunction to restrain the defendants, their agents, successors in title and assigns from further acts of trespass on the said property/premises, No.3 Moore Street, Onitsha."

Pleadings were duly ordered, filed and exchanged. The plaintiffs in their amended statement of claim pleaded that their father, late Isamade Esumai, purchased a piece of land from the Mgbelekeke Family of Onitsha, which included the property in dispute, for the purpose of erecting a building in which he would liv…

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