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…

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