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IBULUYA
V.
DIKIBO

(2000) JELR 75345 (CA)

Court of Appeal 24 Oct 2000 Nigeria
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Case Details

Judges:JAMES OGENYI OGEBE, J.C.A. (Presided and Read the Leading Judgment), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A., MICHAEL EYARUOMA AKPIROROH, J.C.A.
Counsel:Nnachi Egwu, Esq. - for the Appellants Chief Tagbo Nwogu - for the Respondents
Other Citations:(2001) 8 NWLR (Pt. 716) 678

OGEBE, J.C.A. (Delivering the Leading Judgment): The respondents sued the appellants in the High Court of Rivers State, Port Harcourt claiming as follows:

"(i) A declaration that the plaintiffs are seised of and entitled to the fore-shore of Okrika Creek forming the water-front of the land of the plaintiffs in the said creek between the high-water and low-watermark.

(ii)A further declaration that the plaintiffs are entitled to so much of the foreshore and premises by alluvial accretion appurtenant thereto and contiguous to the land of the plaintiffs known as Dikibo Kiri situate at Okrika within the jurisdiction.


(iii)N20,000.00 damages for trespass in that in or about the month of May, 1982 the defendants without the leave or licence of the plaintiffs broke and entered the said land, which was in the peaceable possession of the plaintiffs and erected a building thereon.

(iv)A perpetual injunction restraining the defendants their servants and agents from committing further acts of trespass…

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