GRAHAM & ORS.
V.
ESUMAI & ORS.

(1984) JELR 46471 (SC)

Supreme Court · SC.131/1983 · 30 Nov 1984 · Nigeria

CORAM

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

Core Terms ^Beta

plaintiffs

respondents

appellants

possession

learned trial judge

patrick anyachebelu

court of appeal

declaration of title

trial court

madam victoria onyemulu

issue of trespass

favour of the respondents

grounds of appeal

leading judgment

lease of the property

perpetual injunction

terms of the lease

acts of trespass

further acts of trespass

learned trial

piece of land

said property

s.c. p

statement of claim

sufficient evidence

1st plaintiff

african continental seaways ltd.

case of okafor

honourable mr. justice phil-ebosie

judgment of the onitsha high court

jurisdiction of the honourable court

learned counsel

learned justices of the court of appeal

onitsha high court

original ground of appeal

part of a larger area of land

possession of the property

record show

residential building

said lease

support of their pleadings

trial evidence

various grounds

whole judgment

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…

GRAHAM & ORS. V. ESUMAI & ORS.

GRAHAM & ORS.
V.
ESUMAI & ORS.