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IKE & ORS.
V.
NZEKWE & ORS.

(1975) JELR 46206 (SC)

Supreme Court 4 Feb 1975 Nigeria
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- The plaintiffs filed a claim in the High Court of Onitsha, seeking title to a piece of land, damages for trespass, and a perpetual injunction. - The proceedings were initially commenced in the High Court of the Republic of Biafra during t

Case Details

Suit Number:SC.253/74
Judges:TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Counsel:Mr. N.N.Anah with Mr.Zanda Izundu For Appellant Mr. G.O.K. Ajayi with Mr. Funmi Jibowu For Respondent
Other Citations:(1975) 1 All N.L.R 17 (1975) 2 S.C. 1

T. O. ELIAS, C.J.N. (Delivering the Leading Judgment): In Suit No. 0/106/69 before the high Court of Onitsha, Egbuna, J., gave judgment in favour of the defendants and dismissed the claim of the plaintiffs who claimed as follows:

"1. Title to a piece and parcel of land known as and called' Ani Ofia Udo Okwuefi' as delineated and verged 'pink' in Plan No. L/D. 289 filed with the Statement of Claim.

2. 100 damages for trespass against the defendants jointly and severally.

3. A perpetual injunction to restrain the defendants, their servants and/or agents from further acts of trespass on the said land."

The real problem, which arose for determination in this appeal brought by the plaintiffs was the fact that the Writ of Summons had been issued on July 21, 1969 "in the High Court of the Republic of Biafra", and so had been the Statement of Claim. The Nigerian civil war came to an end about the middle of January, 1970, but the proceedings in the instant case were not resumed until Monday, M…

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